Judicial Review Flashcards
Original Jurisdiction
(can go directly to sp ct): congress cannot enlarge or restrict the original jurisdiction of the sp ct.
Appellate Jurisdiction
If case is being appealed to sp. Ct. Congress may regulate appellate jurisdiction.
Supreme court vs. Lower Federal Courts
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.
Mootness
Its over, its already been resolved no issue to now be litigated
Ripeness
Its not ready to be brought to court.
AKA nothing has happened yet. The future
Standing
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.
No Case or Controversy
Means there actually has to be an actual dispute.
AKA theres no mootness, ripeness or standing.
Independent and Adequate State Grounds
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.
Political question: Justiciability
Fed cts will not hear cases regarding a subj of another branch of gov (legislative, executive branch).
11th amendment
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