Judicial Review Flashcards
What is the purpose of Article III, Section 2?
Limits the jurisdiction of the federal courts
What are the two broad types of federal jurisdiction?
- law-based jurisdiction
- party-based jurisdiction
What kinds of cases fall under law-based jurisdiction?
Cases arising under
1. the Constitution
2. federal law
3. admiralty and maritime jurisdiction
What kinds of cases fall under party-based jurisdiction?
i) Controversies to which the US is a party;
ii) Controversies between two or more states;
iii) Cases b/w a state and citizens of another state;
iv) Cases between citizens of different states and the amount in controversy is over $75,000 (diversity cases); and
v) Cases affecting ambassadors and consuls
What does the Eleventh Amendment prohibit?
11th Amendment prohibits private individuals from suing states for money damages in any court, except under certain circumstances
What are some exceptions under the 11th Amendment?
a) Federal suits brought by one state against another state
b) Federal suits brought by the federal government against a state;
c) Lawsuits against subdivisions of a state (i.e., cities, towns, counties);
d) Most lawsuits for injunctions;
e) The state consents;
f) Congress authorizes money damages against states for violations of 13th, 14th, and 15th Amendments
What elements are required to show standing?
- injury in fact
- causation
- redressability
What is injury in fact?
An actual or imminent injury that is direct and personal
What kind of causation does standing require?
Injury was caused by the challenged action
What must a plaintiff show to prove redressability?
That the plaintiff will benefit from the remedy sought in the litigation
What is the third-party standing rule?
A party may have standing to enforce the rights of a third party if:
(1) A special relationship exists between the claimant and the third party, AND
(2) The third party is unable or finds it difficult to bring suit on his own behalf
When does an organization have standing to assert claims of its members?
(1) The members would have standing to sue in their own right;
(2) The interest asserted is germane to the organization’s purpose; AND
(3) Neither the claim asserted nor the relief requested requires the individual members to participate in the lawsuit
What is the ripeness rule?
Ripeness bars consideration of claims before they have fully developed; the controversy must be ripe for decision
What is the mootness rule?
If a controversy or matter has been resolved, then the case will be dismissed as moot
What is an exception to mootness?
A case will not be dismissed if the injury is “capable of repetition, yet evading review”
