Judicial Review and Federal Jurisdiction

Question 1

What does Article III, Section 2 limit the jurisdiction of the Federal Courts to?

2 Types

Answer 1

a) Law-based jurisdiction:
i) Cases arising under the Constitution or federal law; cases of admiralty and maritime jurisdiction

b) Party-based jurisdiction:
i) Controversies to which the US is a party;
ii) Controversies between two or more states;
iii) Cases between a state and citizens of another state;
iv) Cases between citizens of different states and the amount in controversy is over $75,000 (diversity cases); and
v) Cases affecting ambassadors and consuls

Question 2

What does the 11th Amendment Provide?

Answer 2

11th Amendment prohibits private individuals from suing states for money damages in any court, except:

 a) Federal suits brought by one state against another state, or suits brought by the federal government against a state;
 b) Lawsuits against subdivisions of a state (i.e., cities, towns, counties);
 c) Most lawsuits for injunctions;
 d) The state consents;
 e) Congress authorizes money damages against states for violations of 13th, 14th, and 15th Amendments

Question 3

If the 2 types of jurisdiction are met, what are the other requirements to get into Federal Court?

RAMPS

Answer 3

• Standing
• Ripeness
• Mootness
• Political Questions
• Abstention
• Adequate and Independent State grounds

Question 4

What is “Standing”?

Answer 4

Article III requires a person to show:

 (1) Injury in fact;
      (a) An actual or imminent injury that is direct and personal
 (2) Causation; and
      (a) Injury was caused by the challenged action
 (3) Redressability
      (a) Plaintiff will benefit from the remedy sought in the litigation

Question 5

Who has “third-party standing”?

Answer 5

This is an Exception to the standing rule

Rule—A party may have standing to enforce the rights of a third party if:

 (a) A special relationship exists between the claimant and the third party because of the connection between the interests of the claimant and the constitutional rights of the third person; and
 (b) The third party is unable or finds it difficult to bring suit on his own behalf

(2) Rule—An organization has standing to assert claims of its members if:
(a) The members would have standing to sue in their own right;
(b) The interest asserted is germane to the organization’s purpose; and
(c) Neither the claim asserted nor the relief requested requires the individual members to participate in the lawsuit

Question 6

What is “Ripeness”?

Answer 6

Ripeness bars consideration of claims before they have fully developed; the controversy must be ripe for decision

Ex. new law but no one is injured yet

Question 7

What is “Mootness”?

Exception: CRYER

Answer 7

If a controversy or matter has been resolved, then the case will be dismissed as moot
(1) Exception: Case will not be dismissed if the injury is “capable of repetition, yet evading review” –> CRYER = “Capable of Repetition, Yet Evading Review”

ex. pregnant woman, prisoner, homelessness

Question 8

Exam tip!

Answer 8

If the correct answer is “ripeness” or “mootness,” then the question will most likely deal with a lawsuit remedy requesting declaratory judgment

Question 9

What is a “Political Question”?

Answer 9

i) Federal courts cannot hear cases involving political questions. A political question is a matter assigned to another branch by the Constitution or incapable of a judicial answer

ii) Factors:
(1) Something in the Constitution suggests that ultimate decision-making authority is given to another governmental actor;
(2) The required decision is political rather than legal in character

Question 10

What is abstention?

Answer 10

Federal courts may abstain or refuse to hear a particular case when undecided issues of state law are presented

Question 11

Exam tip!

Answer 11

Foreign affairs is a frequently tested political question topic

Question 12

What are Adequate and Independent State Grounds? (applies to SC only)

Answer 12

If the state court judgment can be supported on an adequate and independent state ground, the Supreme Court will not take jurisdiction

Exception: if the state court says, in interpreting the state const. it was merely copying the federal const, then no clear, independent state ground exists; so the doctrine will not apply and the SC will hear the case

Question 13

Exam tip!

Answer 13

a state law ground will usually be adequate if it invalidates something- a state law or a k

on the other hand, a state law will usually not be adequate if the law or k is upheld under both state and federal law

Question 14

What is the jurisdiction of the SC?

Answer 14

a) Original jurisdiction over cases involving foreign diplomats and states
i) Congress cannot change the Supreme Court’s original jurisdiction

Appellate jurisdiction exists where the const. or a federal law is at issue

Question 15

What is Congress’s Power over Courts?

Answer 15

a) Lower courts: Congress can do whatever it wants (i.e., change jurisdiction, eliminate or create courts)

b) Supreme Court: unsettled
i) Congress cannot take case from appellate jurisdiction and move it to original jurisdiction