Judicial Review Flashcards
Article III, Section 2 of the US Constitution grants jurisdiction to which courts?
Grants federal judicial power to the SCOTUS, as well as any inferior courts that may be established by Congress.
TIP: although Article III does NOT require Congress to establish any lower courts, it has nevertheless created federal district course and circuit courts of appeal
What are the categories of federal court jurisdiction established under Article III Section 2 of US Const?
Article III limits the jursidction of federal district courts to cases:
- arising under const., fed statute, or treaties (ie federal questions)
- affecting ambassadors, other public ministers, and consuls
- admiralty and maritime
- where US is a party
- between 2 or more states
- between a state and citizens of another
- between citizens of diff states
- between citizen of same state claiming land rights in diff states AND
- between one state or its citizens and foreign states/citizens
TIP: the fed government’s powers are limited, so const. defines, includes these
Concurrent Jurisdiction between federal and state governments
defined as powers that both state and federal courts may exercise concurrently
TIP: if a conflict arises between a state and fed law, fed law prevails under SUPREMACY CLAUSE
What are the 4 requirements for a case to be justiciable by the US Supreme Court?
Summer Real Must Persist for a case to be reviewable by Court
- Standing (π must have)
- Ripe
- Moot (must not be)
- Political Question (cannot involve one)
What are the exceptions to the mootness requirement of justiciability?
The types of cases NOT considered moot, even if they do not qualify under “case or controversy” include:
- Legal wrong that is capable of repetition yet evading review, meaning the party is likely to experience the injury w/in a short period of time and unable to get relief (ex: time sensitive, short-term issues such as pregnancy, elections, or divorce actions, which would become moot for each complaining party w/in the time it would take to obtain judicial review) AND
- Class Actions (i.e., a representative of the class may seek out the action if the other members’ claims are still viable)
TIP: a case will not also be considered moot if the ∆ voluntarily stops the harmful conduct because legal action is threatened (but may then feely return to the harmful actions)
Three requirements to establish standing:
Three elements of standing include:
- injury: actual or imminent “injury in fact”
- causation: a causal connection between alleged conduct and injury; AND
- repressibility: a favorable ruling is likely to redress that harm
TIP: SCOTUS will not hear a case brought by a party who lacks standing at any stage of litigation, including on appeal
What is required for a plaintiff to have standing to assert the rights of a THIRD PARTY?
A plaintiff has standing to assert the rights of a third-party π IF that 3rd party π has suffered INJURY AND
- the 3rd party cannot effectively assert their own rights; OR
- the π’s injury adversely affects their cognizable, special relationship with the 3rd party
What are the three requirements for an organization to have standing to sue on behalf of its members?
An org may sue on behalf of its members IF:
- individual members have experience injury-in-fact
- the members’ injury is related to the organization’s purpose; AND
- neither the nature of the claim nor the relief sought requires members to participate in the suit
TIP: an org will also have standing when the alleged conduct causes injury to the org itself
If a π wants to challenge a government action, may they establish standing solely based on their citizenship?
NO.
A person does NOT have standing to challenge a gov action simply as a general citizen - must have suffered an injury
Does merely being a taxpayer give a person standing to challenge government action?
NO.
A taxpayer generally does NOT have standing to challenge how tax dollars are spent, solely on the basis of paying taxes.
TIP: a rare exception allows a taxpayer to challenge federal appropriations and spending if it violates the ESTABLISHMENT CLAUSE
What are “adequate and independent state grounds”?
SCOTUS will NOT review a state court decision if ti rests entirely on an “adequate and independent” state law ground - meaning the decision can be entirely supported by a state law ground, even if federal issues are involved in the state court’s decision
TIP: the Court may either dismiss or remand to state court for further clarification
What is the doctrine of abstention
“Abstention” is when a federal court declines to exercise jurisdiction because the federal constitutional issue presented is based on an unsettled question of state law
TIP: if the state court resolves the state law issue first, the federal court may not need to hear the case at all
What is a “political question”?
legal issue so political in nature that the judiciary cannot effectively resolve it, or constitutionally committed to another branch of government, so its resolution is left to legislative or executive branches
TIP: federal courts will NOT rule on political questions
What is the purpose of the 11th Amendment?
11th amendment: purpose is to bar federal courts from hearing suits by either private parties or foreign governments against state governments, unless the state waives its immunity under 11th amendment
TIP: the 11th amendment protects states from being sued in federal court and does not apply to suits in state court - doctrine of sovereign immunity protects states from being sued in state court
May Congress enact laws allowing private parties to sue states?
YES.
Congress may “abrogate” state immunity by allowing a private citizen to sue a state IF Congress is acting under its authority to enforce the 13, 14 or 15th amendments
