NY BAR REVIEW CONSTITUTIONAL LAW AUDIO Flashcards
constitutional law
proper functioning of government individual rights and liberties relationship among states 3 govt branches judicial review
bill of rights
rights and liberties
free speech
jury
privacy
federal govt
art 3
judicial power of federal
scope of judicial power
11th amm
art 3
judicial power of US vested in 1 sup ct
also inferior courts
“the supremes” supreme court
other federal courts and their jurisdiction
independent of congress, president, political process
overarching independence from govt branches
scope of art 3
fed courts have limited power
cases and controversies:
laws and treaties of U.S.
affect foreign countries, ambassadors, public ministers, consuls
admiralty
maritime
U.S. is a party
between states
between citizens of different states
between citizens of same state claiming LANDS under grants of diff states
between a state and its citizens or foreign citizen/subjects
court renders opinion only if
theres a case or controversy
marbury v madison
1803
court reviews acts of other branches of fed govt
JUDICIAL REVIEW
writ of mandamus
legal order forcing to show cause
constitution is
paramount law
supreme law of the land
supreme court
has final say in interpreting constitution
separation of powers doctrine
ensures that executive, legislative and judicial branches of govt remain separate and distinct
provide a system of checks and balances
restrain abuse of power by another branch
finality of court decisions
case law
federal review of state acts, legislative, executive, judicial
federal constitution, federal laws, treaties take precedence over
state laws
state courts are bound to follow federal law
11th amm prohibits
citizens of 1 state from suing another state in federal ct
money DAMAGES
equitable relief
immunity
bars suit against state officials violating state law
citizens cannot sue their own state in federal court
uniformity of decisions throughout the U.S. and upholding the constitution
gives federal power to review decisions by state courts
federal court barred
from suing state without its consent
sovereign immunity
yet states’ power isn’t absolute
state consents to being sued
expressly waived 11th amm protection
can be sued by federal
state official acts under unconstitutional statute, no longer acts in his official capacity, loses sovereign immunity, then may be sued
injunctions /declaratory relief
state may be enjoined only if state official is named as defendant
damages paid to individual
paid by officer, not state treasury, allowed
prospective damages
if effect will force officer to pay - even if will come out of treasury, allowed
congressional authorization
congress may abrogate (waive/do away with) state immunity
enforce rights created under 14th amm
equal protection against state - allowed
congress may not generally abrogate state immunity by exercising its powers under which article?
1
11th amm doesnt apply to which actions?
against counties, cities, local governments
by US govt / other states against another state
bankruptcy proceedings that affect state finances
2 types of supreme court jurisdictions?
appellate
original
original jurisdicion
may be filed first in sup ct ambassador public minister consul state is a party
where in constitution is sup court’s jurisdiction?
art 3 sec 2
expanding or limiting the sup court jurisdiction?
congress is not allowed
what is congress allowed regarding the sup court jurisdiction?
grant concurred original jurisdiction to lower federal courts
appellate jurisdiction of sup court
most important
ct reviews decisions and statutes from any state courts that arrive to it by appeal to ensure they conform with constitution, laws and treaties of US
SUPREMACY CLAUSE
Certiorari?
one way the US sup court hears appeals
direct appeal?
second way the US sup court hears appeals
US sup court takes a case only if how many justices agree to take it?
4 out of 9
RULE OF FOUR
appeal from a 3 judge fed district court decision on injunctive relief
direct appeal
voting rights act
direct appeal
appeals from an injunctive relief issued by special 3 judge district ct panel
direct appeal
congress has some power to limit the US sup court’s what?
appellate jurisdiction
but its limited
checks and balances
congress and president cannot remove sup courts authority to say
what the law is
confer
grant/bestow
federal jurisdiction over a case bw citizens of diff states
MORE than 75k
adequate and independent state grounds
state court decision rests on state and federal law grounds, but federal law review by sup court will NOT change the result of the case, sup court
cannot not hear the case
bc where a decision has been fully resolved under state law ground, sup court decision will have no bearing on the case.
only where a decision rests on federal and state grounds
will the sup court review have meaning
final state court judgment that rests on adequate and independent state grounds
may NOT be reviewed by US sup court,
or it will be an advisory opinion
state law grounds
must fully resolve the matter, be adequate,
and must NOT incorporate a federal standard by reference, be independent
when its not clear whether state court decisions rests on state or federal law
sup court MAY hear the case, decide the federal issue, and remand to state court for resolution of state law
