Judicial Review Flashcards
What are the two ways the SC can get Jx?
Original and Appellate Jx
If the case has OG Jx?
It goes directly to the SC
Congress may not do anything with these cases
If the case has appellate Jx?
Case can be appealed to the SC
Congress MAY regulate the scope
Does congress have the power to expand number of lower fed courts?
Yes. They can describe the subject matter as well.
They have Jx over the lower federal courts
Ways to stop you from bringing case to fed court?
Mootness
Ripeness
No case or controversy
Standing
Independant and adequate state grounds
11th amendment
Mootness?
Case is moot if it has already been resolved
Ripeness?
Case is not ripe, nothing has happened yet you are suing for the future
No case or controversy
There is not a dispute between the parties
Encompasses both mootness and ripeness
Standing
injury in fact, causation, repressibility
Independant and adequate state grounds
If there is an independent ands adequate state grounds then there is not reason to go to federal court
Will tell you if it was decided properly or not in the state supreme court
Political question / judicibillity
Fed court will not hear a case where the subject is for another branch of government
11th amendment
Citizens of one state cannot sue its own or another state unless they are explicitly allowed
A government official can be sued as well as municipalities
