Judicial Review

Question 1

The 11th amendment bars suits against whom?

Answer 1

Bars suits against state government in federal court.

However, this immunity does not extend to suit against local governments (eg counties and municipalities).

Question 2

A fed. ct. typically must dismiss a case when the P’s claim becomes moot. However, what is the one exception?

Answer 2

Only when:
1. a P whose claim is moot is the named P in a CERTIFIED class action
AND
2. the claims of the unnamed P’s in that class action are still viable.

Question 3

SCOTUS has discretion to exercise appellate jdx over state supreme court decisions that present a fed question, unless what?

Answer 3

The state supreme courts decision is based on ‘Adequate and Independent State grounds’

But once the SCTOUS resolves the fed question, SCOTUS must remand the case to the state court if any state law issues remain.

NOTE:
Look for:
1. state supreme court ruling, with
2. Fed and state law question
3. AND, state supreme court interprets questions either independent of fed law or relying on fed law.
4. IF idp then no SCOTUS review, if not then SCOTUS can resolve only FED question.

Question 4

Article 3 gives the SCOTUS original jurisdiction, ie the authority to directly review a case in two rare circumstances:

Answer 4

1. when a case affects an ambassador, public minister, or consul
   AND
2. when a state is a party to a suit.

Congress can not expand or restrict SCOTUS’s org. jdx. beyond these circumstances.

Question 5

Article 3 gives the SCOTUS appellate jdx to review what? What is the exception to this?

Answer 5

SCOTUS has appellate jdx to review a final judgement of
1. lower federal courts
and
2. the highest state courts when judgement turns on federal law.

The exceptions clause of art 3, gives Congress almost unlimited power to regulate or make exceptions to this jdx.

Question 6

Article 3 limits jdx of fed courts to justiciable cases or controversies. This requires proof that the P:

Answer 6

has suffered an injury-in-fact, ie an actual, or immediate threat of harm. There4 a fed ct must dismiss a suit involving future or resolved harm.

Question 7

What are the instances where a person suing on another’s behalf has article 3 standing?

Answer 7

1. Organization members
2. third party, with close relationship
3. child, parent has standing to sue for child
4. Assignor, assignee has standing if assigned claim for ordinary and good faith buss purpose.

Question 8

Under the political question doctrine, fed courts cannot hear the merits of a suit that presents a non-justicable political question, which is defined as:

Answer 8

an issue that:
1. the constitution reserves to another branch of government
AND/OR
2. lacks judicially discoverable and manageable standards for the issue to be resolved by a court.

Example:
- partasian gerrymandering
- recognition of foreign governments
- house/senate rules for impeachment
- ratification process for constitutional amendments
-etc