Judicial Review Flashcards
How can a case get to the supreme court?
by original or appellate jurisdiction
What is Congress allowed to do w/ respect to the jurisdiction of the supreme court?
can’t enlarge or restrict original jurisdiction.
may regulate appellate jurisdiction.
In terms of the role of Congress, what is the difference b/w the supreme court and lower federal courts?
Congress can’t tell the Supreme Court what to do.
Congress does have the power to create more lower federal courts and control what cases they hear.
What is mootness?
A live controversy must exist at all stages of review
What is ripeness?
P has been harmed or suffers an immediate threat of harm
What is standing?
A person must have a personal injury at stake with respect to the issue. Must also have causation and redressability.
What are independent and adequate state gorunds?
Where a case has been heard by the State Supreme Court and there are no federal issues left to decide, the case is resolved on independent and adequate state grounds and can’t go to federal court.
What is the political Q doctrine?
Federal courts won’t hear cases regarding subject matter relating to another branch of government
What is the 11th Amendment?
Citizens of one state can’t sue their state or another state in federal court
What are the exceptions to the 11th amendment?
(1) where the state consents to be sued
(2) government officials can be sued
(3) municipalities in the state can be sued
When may a person have third party standing?
A party may have standing to enforce the rights of a 3P when:
(1) special relationship b/w the Plaintiff and 3P; and
(2) the 3P is unable or unlikely to bring suit on their own
When does an organization have standing to assert the claims of its members?
An org has standing to assert claims of its members when:
(1) members would have standing to sue individually;
(2) injury is related to the org’s purpose; and
(3) neither the claim nor the relief require participation of individual members
What is the exception to mootness? (CRYER)
A case won’t be dismissed based on mootness if the case is capable of repetition, yet evading review
What is abstention?
Federal courts may abstain or refuse to hear a case when undecided issues of state law are presented
What court does the independent and adequate state grounds doctrine apply to?
Supreme Court ONLY
