Judicial Review

Question 1

What are Article 3 cases?

Answer 1

Cases having to do with the Supreme Court

Question 2

What are the two ways a case can get to the SC?

Answer 2

either through Original Jurisdiction or Appellate jurisdiction

Question 3

What is Original Jurisdiction in an Article 3 case?

Answer 3

*the Case can go directly to Supreme Court (is sent by Congress)
AND
*Congress CANNOT “enlarge or restrict” the original juris of the SC

Question 4

What is Appellate Jurisdiction in an Article 3 case?

Answer 4

*Case is appealed up to Supreme Court
AND
*Congress MAY regulate scope

Question 5

Congress’ power over the Supreme Court

Answer 5

Congress does not have juris over the SC and CANNOT tell the SC what to do

Question 6

Congress’ power over the lower courts

Answer 6

Congress CAN/MAY establish additional lower federal courts
AND
can tell them which cases they should hear/handle

Question 7

What are the elements of the case and controversy requirement?

Answer 7

1. mootness
2. ripeness
3. standing
4. case or controversy

Question 8

what is Mootness

Answer 8

(Past) if moot, then The issue has already been resolved. case cannot be heard if it is moot

Question 9

Ripeness

Answer 9

(Future) the case must be ready to be brought to court (no ripeness if unconstitutional or law has not been past)

Question 10

Standing

Answer 10

P must have a personal injury at stake in order to have standing
(look for an injury that is happening or imminently happening)

Question 11

Case or Controversy

Answer 11

This is a term of art. there must be an actual dispute at issue (this is a synonym for mootness, ripeness, or standing)

Question 12

What do you need to remember about Independent and Adequate state grounds?

Answer 12

A case resolved on independent & adequate state grounds will not go to the Supreme Court

Question 13

Can you go from state supreme court to federal court?

Answer 13

No. a final ruling issued by a state supreme court is final and cannot be appealed up to the federal court.

(so long as the question tells you that all federal issues were resolved and resolved correctly)

Question 14

What do you need to remember about Political Questions/Justiciability Qs?

Answer 14

remember that Federal courts will not hear cases regarding legislative or executive power (will not hear cases regarding subject matter of another branch of government)

Question 15

What is the Eleventh Amendment?

Answer 15

Citizens of one state CANNOT sue their own or another state

Question 16

Exceptions to the Eleventh Amendment (ie; when can you sue under the 11th amend?)

Answer 16

• the state consents
• citizen is suing a government official
• citizen is suing a municipality(ies)