Judicial Review

Question 1

Authority for Judicial Review

Answer 1

Marbury v. Madison creates:
Judicial review of legislative and judicial actions
“It is the province and duty of the judicial department to say what the law is”–John Marshall

Question 2

Authority for the Federal Courts to review of the decisions of State Courts

Answer 2

Martin v. Hunter’s Lessee

Kohen v. Virginia

Question 3

Cases and Controversies

Answer 3

Limits = Justicibility Doctrines

1) Standing – “The most important” SCOTUS
2) Ripeness
3) Mootness
4) No Political Questions

Question 4

Standing

Answer 4

Is the plaintiff the proper party to bring the question in to the court?

Question 5

Elements of Injury

Answer 5

1) Injury
- -Personally suffered injuries
2) Likelihood of future harm
- -for injunctive or declarative relief

Question 6

Four things to have Standing

Answer 6

1) Injury
2) Causation and Redressibility
3) No 3rd party standing allowed UNLESS
- -If a close relationship between plaintiff and injured 3rd party
- -If the injured 3rd party is unlikely to assert his own rights
4) No generalized grievances are allowed (no standing just for being a citizen or taxpayer to bind the government). One exception: challenge gov’t expenditures as violating establishment clause.

Question 7

Causation

Answer 7

1) Plaintiff must allege and prove that the defendant caused the injury and that a favorable court decision is likely to remedy the injury. AKA No advisory opinions

Question 8

Advisory Opinions

Answer 8

When a favorable court opinion does not remedy the situation (it is a mere advisory opinion–disallowed)

Question 9

Ripeness

Answer 9

May the Federal Court grant pre-enforcement review of a statute or regulation?

1) Will the plaintiff suffer hardship without pre-enforcement review?
2) Fitness of the issues in the record for judicial review.–Is the court better of to wait until later?

Question 10

Mootness

Answer 10

If event AFTER the filing of the lawsuit end the Plaintiff’s injury, the case shall be dismissed as moot

1) Plaintiff must present a live controversy in ALL stages of the Federal suit–UNLESS
- -wrongs capable of repetition but evading review.
- -voluntary cessation (if the Def. voluntarily halts but could resume at any time)
- -Class action, does not apply if the named plaintiff’s case becomes moot so long as ANY member of the class is still being injured.

Question 11

Political Question

Answer 11

A matter that the court refuses to hear:

1) Cases under the guaranty clause, Art 4, Sec 4 each citizen is guaranteed a republican form government.
2) Challenges to the president’s conduct on foreign policy.
3) Challenges to the impeachment/removal process are non-justicible P.Q. Nixon v. U.S.
4) Challenges to partisan gerrymandering