Judicial Review

Question 1

Article III Cases

Answer 1

Jurisdiction for the Supreme Court
1. Original Jurisdiction
2. Appellate Jurisdiction

Question 2

Original Jurisdiction

Answer 2

• Case going directly to Supreme Court
• Congress MAY NOT “enlarge or restrict” original jurisdiction

Question 3

Appellate Jurisdiction

Answer 3

• Case appealed to the Supreme Court
• Congress MAY regulate scope

Question 4

Supreme Court vs. Lower Courts

Answer 4

1. Congress & Supreme Court
2. Congress & Lower Court

Question 5

Congress & Supreme Court

Answer 5

Congress CANNOT tell Supreme Court what to do

Question 6

Congress &Lower Court

Answer 6

Congress CAN establish (create) lower courts & jurisdiction

Question 7

Case & Controversy Requirement

Answer 7

1. Mootness
2. Ripeness
3. Standing
4. Case or Controversy

Question 8

Mootness

Answer 8

• the issue has already been resolved
• it is in the past. It’s over. Nothing new.

Question 9

Ripeness

Answer 9

• case is not ready to be brought to court
• something still has to happen

Question 10

Standing

Answer 10

• Plaintiff must have a personal injury at stake
• can lose something NOW (present)

Question 11

Case or Controversy

Answer 11

• there is no dispute
• OR it means: mootness, ripeness, or standing (interchangeable)

Question 12

Independent & Adequate State Grounds

Answer 12

• 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

Question 13

Potential Question/ Justiciability

Answer 13

case will not go to federal court if subject matter is about president or congress (legislative or executive power)

Question 14

Federal Immunity

Answer 14

1. States cannot sue the federal government
2. State cannot tax the federal government
3. State CAN tax individuals who work FOR the government
4. Individuals cannot sue the federal government EXCEPT when the federal government consents (statue)

Question 15

State Immunity

Answer 15

1. Federal government and other states may sue an individual state
2. 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

Question 16

Eleventh Amendment

Answer 16

Citizens of one state CANNOT sue its own state or another state or another state
EXCEPTION (can sue)
- government officials
- municipalities (city)
- state consent (statute allows)