Judicial Review Flashcards

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1
Q

Original Jurisdiction

A

(can go directly to sp ct): congress cannot enlarge or restrict the original jurisdiction of the sp ct.

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2
Q

Appellate Jurisdiction

A

If case is being appealed to sp. Ct. Congress may regulate appellate jurisdiction.

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3
Q

Supreme court vs. Lower Federal Courts

A

o Congress cannot tell supreme court what to do

o Congress has the power to establish more additional lower fed cts and determine what kind of cases district court will hear.

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4
Q

Mootness

A

Its over, its already been resolved no issue to now be litigated

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5
Q

Ripeness

A

Its not ready to be brought to court.

AKA nothing has happened yet. The future

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6
Q

Standing

A

You have to have standing to bring case in fed court.

Individual bringing the case has to have a personal injury at stake to have standing.

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7
Q

No Case or Controversy

A

Means there actually has to be an actual dispute.

AKA theres no mootness, ripeness or standing.

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8
Q

Independent and Adequate State Grounds

A

A case will not go to federal court if it was based on independent and adequate state ground.

As long as tell u state supreme ct resolved this correctly. There is no fed constit law to b resolved. Theres no conflict, remaining issue.
there no reason to bring to fed ct.

 If say although state constit issue was resolved theres still equal protect issue under fed constit that wasn’t done right: Then it will go to fed ct because it was not decided based on indep and adequate state grounds.

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9
Q

Political question: Justiciability

A

Fed cts will not hear cases regarding a subj of another branch of gov (legislative, executive branch).

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10
Q

11th amendment

A

The citizens of 1 state cannot sue its own state or another state.

Exceptions:
 A state can be sued if it consents to the suit.

 A government official may be sued by a citizen

Municipalities can be sued

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