Judicial Review

Question 1

The Eleventh Amendment bars federal courts from hearing certain actions against __________.

Answer 1

State Governments for damages. (soverign immunity)

but you can hear cases by an individual against a state official in both a personal and professional capacity.

1. to enjoin them from further future action that would be unconditional.
2. for damages.

Question 2

In order to have standing to bring suit in federal court, the plaintiff’s alleged injury may be based on

Answer 2

harm to their well being OR to their physical environment.

Question 3

Under Article III, Section 2, Congress may regulate and make exceptions to the Supreme Court’s appellate jurisdiction by __________.

Answer 3

eliminating specific avenues of Supreme Court review.

Question 4

The Supreme Court may decide to hear a case by a writ of certiorari when:

Answer 4

The case is from the highest court in a state and questions the constitutionality of a state statute

Question 5

A case is not “ripe” for filing in federal court if __________.

Answer 5

the plaintiff has not been harmed and there is no immediate threat of harm

Question 6

A political question exists when __________.

Answer 6

An issue is committed to another branch of the federal government

Question 7

In federal court, standing requires __________.

Answer 7

A concrete stake in the outcome.

Concrete and particularized

Question 8

Generally, the federal courts do not have judicial power over cases and controversies __________.

Answer 8

between a state and the citizen of that state.

Question 9

Redressability means that

Answer 9

A ruling favorable to the plaintiff would eliminate the harm to her

Question 10

The Supreme Court will refuse to hear a case from a state’s highest court if __________.

Answer 10

Adequate and independent state grounds support the state court decision

Question 11

Article III courts (other than the Supreme Court) are established by:

Answer 11

Congress

Question 12

For a plaintiff to have standing to bring an action in federal court, the following are all required:

Answer 12

Injury in fact; causation; redressability

Question 13

A three-judge federal district court panel denies a request for injunctive relief, and the decision is appealed. The Supreme Court __________ hear the case.

Answer 13

Must

Question 14

justiciability

Answer 14

Justiciability (same as case or crontroversy:

there must be a case or controversy:

1. Standing: injury in fact, redressability, causation
   
   1. Injury in fact: there is a particularized and concrete harm
   2. redressability: a decision in favor of the P would eliminate the harm.
   3. causation The injury was caused by what is being challenged.
2. Ripeness: there has been a harm or imminent harm to the P.
3. Mootness: the controversy is resolved and there is no longer an issue. If it’s capable of repetition but avoiding review then it’s not moot (abortion)
4. No political question:
   
   1. the issue is constitutionally committed to another branch
   2. incapable of judicial decision.

Question 15

abstention doctrine

Answer 15

When federal courts decline jurisdiction to hear a case, often because it may conflict with state courts. When there is unsettled state law that should be left to the states OR family law cases.

Exception: court will not enjoin pending state criminal prosecution unless there are extraordinary circumstances where danger of irreparable loss is great and immediate

Question 16

Organizations have statnding when

Answer 16

Only if:

At least one member of the organization would have standing to sue;

Interest asserted is germaine(applicable) to purpose of the organization; and

Neither claim nor relief requires individual participation of members

Question 17

standing to assert the rights of a third party

Answer 17

if there is

1. special relationship, it would be hard for injured to bring it themselves (child-parent)
2. Organizational standing
3. First amendment overbreath questions.

Question 18

Tax payer standing

Answer 18

No tax payer standing, including for tax credit.

Standing to challenge a tax bill and to challenge establishment clause issues.

Question 19

A plaintiff has standing to sue on behalf of third parties if?

Answer 19

the plaintiff herself has been injured and the plaintiff’s injury adversely affects her relationship with the third parties. A plaintiff may sue on behalf of a third party who has difficulty asserting its rights,butonly ifthe plaintiff herself has also been injured.

Question 20

What is it called when a state court asks a federal court to clarify a federal law involved in a state case?

Answer 20

Advisory opinion:

A federal court will not hear a case where a state court defers judgment and asks the federal court to clarify the federal law involved.