The Federal Judicial Power

Question 1

definition of the federal judicial power

Answer 1

the authority of the federal courts in the constitution

Question 2

Per Article 3, courts only have power over these.

Answer 2

Cases and controversies

Question 3

Requirements for Cases and Controversies

Answer 3

Standing, ripeness, mootness, political question

Question 4

Standing Definition

Answer 4

capacity of a party to sue in court

Question 5

List of standing requirements

Answer 5

• injury
• causation
• redressability

Question 6

Standing requirement- injury

Answer 6

• the plaintiff must allege and prove that he or she has been injured or immediately will be injured
• Plaintiffs only may assert injuries that they personally have suffered

Question 7

Standing requirement for injunctory/declaratory relief

Answer 7

Plaintiffs seeking injunction or declaratory relief must show a likelihood of future harm

Question 8

How to tell which plaintiff has the best standing

Answer 8

If the question asks which plaintiff has the best standing, and 2 plaintiffs suffered personal injuries, choose the one who also suffered economic harm/monetary loss

Question 9

Standing requirement- Causation and Redressability

Answer 9

The plaintiff must allege and prove that the defendant caused the injury so that a favorable court decision is likely to remedy the injury

Question 10

Third party standing

Answer 10

A plaintiff cannot assert claims of others, of third parties, who are not before the court

(exceptions)

Question 11

Third party standing exceptions

Answer 11

1. Close relationship between the plaintiff and the injured third party;
2. injured third party is unlikely to be able to assert his or her own rights (e.g. doctor,patient);

For organizations, all of the following must be met:

1. an organization’s members would have standing to sue
2. the interests are germane to the organization’s purpose
3. neither the claim nor relief requires participation of individual members

Question 12

Applicability of third party standing exception

Answer 12

In order for a third-party standing exception to apply, the plaintiff must also meet the other standing requirements

Question 13

generalized grievances

Answer 13

No generalized grievances. The plaintiff must not be suing solely as a citizen or as a taxpayer interested in having the government follow the law.

Question 14

Generalized grievances exception (very narrow)

Answer 14

• taxpayers have standing to challenge government expenditures pursuant to federal (or state and local) statutes as violating the establishment clause.
• (e.g. taxpayer suing federal gov’t for funding private religious schools, but no standing to challenge fed. gov’t grants to of prop. to religious institutions)

Question 15

Definition of Ripeness

Answer 15

The question of whether a federal court may grant pre-enforcement review of a statute or regulation

Question 16

Criteria for ripeness

Answer 16

1. The hardship that will be suffered without pre-enforcement review, and
2. The fitness of the issues and the record for judicial review.
   
   • i.e. if there’s nothing gained from waiting for the to be prosecuted under the law, it’s ripe.

Question 17

Mootness definition

Answer 17

If events after the filing of the lawsuit end the plaintiff’s injury, the cast must be dismissed as moot.

Question 18

Mootness exceptions

Answer 18

1. Wrong capable of repetition but evading review
2. voluntary cessation (defendant voluntarily halts the offending conduct, but is free to resume it at any time)
3. class action suits, as long as one member of the class has an ongoing injury.

Question 19

The political question doctrine

Answer 19

• An issue that the federal courts will not hear because it is too politically charged for federal courts, which are typically viewed as the apolitical branch of government.
• These are constitutional violations that the federal courts will not adjudicate

Question 20

4 types of cases that are non-justiciable political questions

Answer 20

1. The “republican form of government clause,” i.e. election of representatives.
2. Challenges to the president’s conduct of foreign policy;
3. Challenges to the impeachment and removal process;
4. Challenges to partisan gerrymandering
   
   • federal courts cannot even hear these challenges

Question 21

The Supreme Court must hear this type of case that comes straight from the federal district courts

Answer 21

Direct appeals of decisions by three-judge federal district courts

(no appeals courts)

Question 22

Kind of suit over which the Supreme Court has original and exclusive jurisdiction

Answer 22

suits between state governments

Question 23

Final judgement rule

Answer 23

The Supreme Court may hear cases only after there has been a final judgement of:

1. the state’s highest supreme court
2. a US Court of appeals, or
3. a 3-judge federal district court

Question 24

Independent State Law rule

Answer 24

• For the Supreme Court to review a state court decision, there must not be an independent and adequate state law ground of decision
• i.e.:
  
  • if there are both state and federal questions of law,
  • and answering the federal question will not change the result of the case,
  • the Supreme Court cannot hear it.

Question 25

Any constitutional lawsuit in federal or state court must be this to be decided

Answer 25

Justiciable

Question 26

These courts may not hear suits against state governments

Answer 26

Federal courts (and state courts)

Question 27

The principle of sovereign immunity

Answer 27

• The 11th amendment bars suits against states in federal court
• sovereign immunity bars suits against states in state courts or federal agencies

Question 28

Sovereign immunity exceptions

Answer 28

• State waives sovereign immunity
• States may be sued pursuant to federal laws adopted under section 5 of the 14th amendment
• The federal govt may sue state governments
• bankruptcy proceedings

Question 29

State officer liability and sovereign immunity

Answer 29

• Even if the state government can’t be sued, state officers can.
• State officers can be sued for injunctive relief and money damages to be paid out of their own pockets
• State officers cannot be sued if the state itself is going to be liable to pay retroactive damages

Question 30

Abstention rule

Answer 30

Federal courts may not enjoin pending state court proceedings.