Judicial Review and Federal Jurisdiction

Question 1

Article III, Section 2 (Federal Jurisdiction)

Answer 1

Limits the jurisdiction of the federal courts to two types:

• law-based jurisdiction
• party-based jurisdiction

Question 2

Law-Based Jurisdiction

Answer 2

Includes:

• cases arising under the Constitution or federal law
• cases of admiralty and maritime jurisdiction

Question 3

Party-Based Jurisdiction

Answer 3

Includes:

• controversies wo which the US shall be a party
• controversies between two or more states
• cases between a state and citizens of another state
• cases between citizens of different states and the amount in controversy is over $75,000 (diversity cases); and
• cases affecting ambassadors and consuls

Question 4

Eleventh Amendment (State Sovereign Immunity)

Answer 4

private individuals cannot sue states for $ damages in any court but the following are permissible:

• federal suits brought by one state against another state
• suits brought by the federal gov against a state
• suits against subdivisions of a state
• suits by private citizens against a state requesting an injunction
• when a state expressly and unequivocally waives 11th amendment jurisdiction
• congressionally authorized suits involving the 13th, 14th, and 15th amendments (under Congress’s enforcement powers)

Question 5

Eleventh Amendment: State Officials?

Answer 5

The Eleventh Amendment does not forbid private parties from suing to enjoin state officials from acting in violation of the Ps federal constitutional rights.

Question 6

Racial Discrimination

Answer 6

Will likely invoke the 14th, or 15th amendments.

Question 7

Article III, Section 2 (Justiciability Qs)

Answer 7

Even if a federal court has law-based, or party-based jurisdiction, federal courts can only hear “cases” and “controversies”

Question 8

Cases and Controversies Requirement (RAMPS)

Answer 8

Include:

• Ripeness
• Abstention
• Mootness
• Political Qs
• Standing

Question 9

Standing

Answer 9

Article III requires:

• Injury in Fact
• Causation
• Redressability

Question 10

Standing: Injury in Fact

Answer 10

The P must show a direct and personal injury, actual or imminent caused by the action that he is challenging. The belief that something is unconstitutional is not enough.

Question 11

Standing: Causation

Answer 11

Injury was caused by the challenged action

Question 12

Standing: Redressability

Answer 12

P must show that he will benefit from the remedy sought in the litigation and that the court can provide that remedy

Question 13

Exceptions to the Standing Rules

Answer 13

Include:

• Establishment Clause challenges by taxpayers
• Special Relationship Exception
• Organization/member Exception

Question 14

Establishment Clause Challenges Brought By Taxpayers

Answer 14

A taxpayer can challenge a law believed to violate the Establishment Clause of the 1st Amendment (even if they have not suffered an injury)

Question 15

Special Relationship Exception

Answer 15

A P who is not injured, can raise the constitutional rights of a third party, if:

• a special relationship exists between the P and the third party because of the connection between the interests of the P and the constitutional rights of the third person; and
• the third party is unable or finds it difficult to bring suit on his own behalf
• e.g. a doctor suing on behalf of patients seeking abortions

Question 16

Organization/Member Exception

Answer 16

An org. has standing to assert the claims of its members, even if the association has not suffered any injury itself, if:

• the members would have standing to sue in their own right
• the members’ interest aligned with the association’s purpose; and
• neither the claim asserted nor the relief requested would require the individual members to participate in the lawsuit

Question 17

Ripeness

Answer 17

Bars consideration of claims before the claim’s issue has fully developed (claim must be ripe)

Question 18

Mootness

Answer 18

If a controversy or matter has been resolved, then the case will be dismissed as moot.

Question 19

Exception to Mootness: CRYER

Answer 19

The case will not be dismissed for mootness if the injury is “Capable of Repetition, Yet Evading Review.” This means that it is a practical impossibility for the case to be fully heard or go up on appellate review before Ps claims become moot (e.g. abortion cases and affirmative action cases for school policies).

Question 20

Political Qs

Answer 20

Matters that the Constitution assigned to another branch of government or that is incapable of a judicial answer. Not permissible for review.

Question 21

Is Redistricting a Political Q?

Answer 21

• Redistricting with political party motives is a political Q
• However, redistricting that is racially discriminatory is justiciable

Question 22

Factors for Determining if Something is a Political Q

Answer 22

Include:

• when there is something in the Constitution that suggests that ultimate decision-making authority is given to another governmental actor (e.g. impeachment of a president); and
• the required decision is political rather than legal in character (e.g. challenges to drawing electoral districts that favor one political party)

Question 23

Abstention

Answer 23

A federal court may abstain or refuse to hear a particular case when the case includes undecided issues of state law (the federal court will defer to a state court to resolve issues of state law).

Question 24

Two Ways in Which Abstention Occurs

Answer 24

• The federal court may abstain if the meaning of a state law or regulation is unclear (they might otherwise exercise the avoidance doctrine)
• Where a state court proceeding is going on, the federal court will abstain from hearing the same matter

Question 25

Special Case Rule for the U.S. Supreme Court

Answer 25

-Although a state court decision may involve a federal Q, if the state court judgment can be supported on an adequate and independent state ground, the SC will not take jurisdiction (e.g. when a state court strikes down a contract because it violates state law and federal law (the state law issue alone was sufficient))

Question 26

Note for the Special Case Rule for U.S. Supreme Court

Answer 26

• 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 27

Original Jurisdiction of Supreme Court

Answer 27

Cases involving ambassadors, foreign diplomats, and states. Congress cannot enlarge or restrict the SC’s original jurisdiction.

Question 28

Appellate Jurisdiction of Supreme Court

Answer 28

Appellate jurisdiction exists where the Constitution or a federal law is at issue. Congress cannot take a case from appellate jurisdiction and move it to original jurisdiction.

Question 29

Congressional Power to Create Courts

Answer 29

The Constitution grants Congress power to create courts inferior to the SC and prescribe their powers (e.g. changing jurisdiction)