Judicial Review

Question 1

What does Art III provide for?

Answer 1

The judicial power of the US shall be vested in one supreme ct and in such inferior cts as Congress may from tim to time ordain and establish

Question 2

What is the limitation of Art III?

Answer 2

Jurisdiction of federal courts is limited to cases/controversies.

Question 3

The Juris of the fed cts is limited to what cases and controversies?

Answer 3

Arising under Constitution, laws, treaties of the US
Affecting foreign countries’ ambassadors, public ministers, and consuls
Involving admiralty and maritime jurisdiction
When US is a party
Btw 2 or more states
Btw state and citizen of another state
Btw citizens of different states

Question 4

What is a case or controvery?

Answer 4

A real and substantial dispute that touches the legal relations of parties having adverse interests and that can be resolved by a judicial decree of a conclusive character.

Question 5

What judicial power does SCOTUS have wrt congressional and executive actions?

Answer 5

Judiciary has power to review an act of another branch of the federal gvt and declare that act unconstitutional
Judiciary has power to review the constitutionality of a decision by a state’s highest ct

Question 6

What judicial power does SCOTUS have wrt state actions?

Answer 6

Supremacy Clause grants federal judiciary power to review state actions (ct decisions, statutes, executive orders) to ensure conformity with the Constitution, laws, and treaties of the US

Question 7

What are limitations placed on the 11th amend?

Answer 7

11th amend prohibits the citizens of one state from suing their own state or another state on fed claims for money damages, in fed ct, w/o the state’s consent

Question 8

What exceptions exist to the application of 11th amend?

Answer 8

1. State may consent to suit by expressly waiving 11th Amend protection
2. Suit against state official to prevent enforcement of an unconstitutional state statute
3. An action for damages against a state officer, as long as officer himself (rather than state treasury) will have to pay
4. Congressional authorization: To enforce rts created by 14th amend (i.e. equal protection) and does so expressly

Question 9

What can Congress authorize pursuant to enforcement powers under the 13, 14, and 15th amend?

Answer 9

Congress can authorize pvt suits by individuals to compensate for state violations of these amends

Question 10

What is not barred by the 11th amend?

Answer 10

Suits against local gvts (counties, cities) not immune from suit.
Fed suits brought by one state against another, or suits brought by fed gvt against a state
The actions of a Bankruptcy Ct that impacts state finances

Question 11

What is original juris?

Answer 11

Fed cts have authority to first hear/try cases involving ambassadors, public ministers and counsels, and cases in which the state is a party
Congress may not expand/limit this juris but may grant concurrent juris to lower fed cts

Question 12

How is appellate juris established for SCTOUS?

Answer 12

1. Petition for a writ of certiorari (discretionary review)
2. Direct appeal: SCT must hear by direct appeal cases that come from a decision on injunctive relief issued by a special 3-judge district court panel

Question 13

Can Congress limit appellate juris?

Answer 13

Congress has some power to limit SCT’s appellate juris. But this power is not absolute. To deny all SCT juris over certain types of cases would undermine the constitutional system of checks and balances

Question 14

Mootness

Answer 14

Case becomes moot if further legal proceedings would have no effect
Live controversy must exist at each stage of review, not merely when complaint if filed, in order for a case to be viable at that stage

Question 15

What jmts may not be reviewed by SCOTUS?

Answer 15

A final state ct jmt that rests on adequate and independent state grounds may not be reviewed by US SCt

• State law grounds must fully resolve the matter and must not incorporate a federal std by reference.
• When unclear whether state ct’s decision rests on state or fed law, SCT may hear the case, decide the fed issue, and remand to state ct for resolution of any question of state law

Question 16

What is standing and how is it established in fed ct cases?

Answer 16

A concrete interest in the case. To have standing need to establish

1. Injury in fact (must be concrete and particularized)
   - Type of injury need not be physical or economic
   - Threat of future injury can suffice but must be actual and imminent. Can only get injunction
2. Causation: Injury must be caused by D’s action; and
3. Redressability: relief requested must prevent/redress the injury

Question 17

Does taxpayer status confer standing?

Answer 17

Taxpayer has standing to litigate whether, or how much, he owes on tax bill
- DN have standing to file suit simply bc believes that gvt has allocated funds in improper way
EXCEPTION: for a specific congressional appropriation made under the taxing and spending powers for violation of the Establishment Clause

Question 18

Do 3rd parties have standing to bring suits?

Answer 18

Generally, no

• EXCEPTIONS:
  1. If 3rd party would experience difficultly or are unable to assert their own rts
  2. If there is a special relationship btw plaintiff and 3rd parties (ER-ee)

Question 19

Can an association have standing?

Answer 19

An association has standing to assert the claims of its members if

1. members would have standing to sue
2. interest asserted is germane to association’s purpose; and
3. neither claim asserted nor relief requested would rq participation by individual members in lawsuit

Question 20

Ripeness

Answer 20

Bars consideration of claims before they have fully developed
For a case to be ripe for litigation, plaintiff must have experienced a real injury

Question 21

Will fed ct ever hear a case that is moot?

Answer 21

1. Capable of repetition; yet evading review
2. Voluntary cessation: Ct will not dismiss as moot case in which D voluntarily ceases its illegal or wrongful action once litigation has commenced
3. Class actions: If named P’s claim in certified class action is resolved and becomes moot, that fact dn render the entire class action moot

Question 22

What are reasons why fed ct wont decide a case?

Answer 22

1. Advisory opinions
2. Declaratoy jmts
   3, Political questions: fed ct will not rule on a matter in controversy if matter is a political question to be resolved by one or both of the other branches of gvt

Question 23

Pullman doctrine

Answer 23

Federal court will refuse to review a case based on an unsettled issue of state law.
Permits state ct to resolve issues of state law, thereby making a decision on constituional issue unecessary.
Fed ct may abstain if meaning of state law/reg is unclear

Question 24

Younger abstention

Answer 24

Federal court review prohibited where there are pending state criminal proceedings