Judicial Review Flashcards
1
Q
Article III Cases
A
Jurisdiction for the Supreme Court
1. Original Jurisdiction
2. Appellate Jurisdiction
2
Q
Original Jurisdiction
A
- Case going directly to Supreme Court
- Congress MAY NOT “enlarge or restrict” original jurisdiction
3
Q
Appellate Jurisdiction
A
- Case appealed to the Supreme Court
- Congress MAY regulate scope
4
Q
Supreme Court vs. Lower Courts
A
- Congress & Supreme Court
- Congress & Lower Court
5
Q
Congress & Supreme Court
A
Congress CANNOT tell Supreme Court what to do
6
Q
Congress &Lower Court
A
Congress CAN establish (create) lower courts & jurisdiction
7
Q
Case & Controversy Requirement
A
- Mootness
- Ripeness
- Standing
- Case or Controversy
8
Q
Mootness
A
- the issue has already been resolved
- it is in the past. It’s over. Nothing new.
9
Q
Ripeness
A
- case is not ready to be brought to court
- something still has to happen
10
Q
Standing
A
- Plaintiff must have a personal injury at stake
- can lose something NOW (present)
11
Q
Case or Controversy
A
- there is no dispute
- OR it means: mootness, ripeness, or standing (interchangeable)
12
Q
Independent & Adequate State Grounds
A
- if a case has been decided by state court on independent and adequate state grounds, it will not go to Supreme Court
- if correctly resolved in the state, NO NEED to go to state
13
Q
Potential Question/ Justiciability
A
case will not go to federal court if subject matter is about president or congress (legislative or executive power)
14
Q
Federal Immunity
A
- States cannot sue the federal government
- State cannot tax the federal government
- State CAN tax individuals who work FOR the government
- Individuals cannot sue the federal government EXCEPT when the federal government consents (statue)
15
Q
State Immunity
A
- Federal government and other states may sue an individual state
- Federal government cannot tax a state if the tax is applicable to a government activity or function; BUT can tax if applicable to private/PROPRIETARY business in the state
