The Federal Judiciary

Question 1

Article III of the Constitution requires that all cases coming before a federal court present a.

Answer 1

Live case or controversy.

Question 2

Standing requires the plaintiff to prove that

Answer 2

(1) it has suffered an injury,
(2) that defendant caused this injury, and that
(3) a favorable decision by the court will redress the injury alleged.

Question 3

A federal court may not issue an opinion based on an

Answer 3

abstract or hypothetical question

Question 4

The plaintiff must show that it has

Answer 4

personally suffered an injury

Question 5

If the plaintiff is seeking injunctive or declaratory relief, it must also establish the

Answer 5

Likelihood of future harm to itself if a favorable decision is not rendered.

Question 6

The plaintiff must allege, and prove, that there is a

Answer 6

causal connection between the defendant’s actions and its injury.

Question 7

The plaintiff must show that a

Answer 7

favorable court decision will remedy its injury.

Question 8

3rd Party Standing Exceptions

Answer 8

If there is a close relationship between the plaintiff and the injured 3rd party
The plaintiff may assert 3rd party standing if the injured party is unlikely to be able to assert his or her own rights

Question 9

An organization (e.g. The Sierra Club) may sue on behalf of its members if:

Answer 9

Its members would have standing to sue;
ii. The interests at issue are germane to the organization’s purpose; and
iii. Neither the claim nor the relief requires the participation of the individual members.

Question 10

A federal court will generally not grant

Answer 10

pre-enforcement review of a statute or regulation

Question 11

Doctrine of Ripeness Exception: A court may hear the case if it finds that

Answer 11

(1) the plaintiff will suffer a great hardship without pre-enforcement review, and
(2) the issues and the judicial record are fit for judicial review

Question 12

The plaintiff may not bring suit.

Answer 12

Solely as a citizen or as a taxpayer who is displeased with a government decision.

Question 13

A taxpayer will have standing to challenge a government expenditure made pursuant to a federal statute as violating the

Answer 13

establishment clause

Question 14

The plaintiff’s injury will be considered moot if events take place.

Answer 14

After the filing of its lawsuit, that end the plaintiff’s injury.

Question 15

Doctrine of Mootness exceptions:

Answer 15

If π alleges a wrong which is capable of repetition yet evading review
Voluntary cessation by the defendant of unconstitutional action
Class action suits

Question 16

Currently the Court will review a judgment issued by the highest Court in a State, or a U.S. Court of Appeals, if the court issues a

Answer 16

writ of certiorari (At least 4 of the 9 justices vote to take the case)

Question 17

The Court will only hear the federal issues involved in a case coming to it from a State court, not

Answer 17

state law issues.

Question 18

The Court will also not hear a case in which there were

Answer 18

“Independent and Adequate State Grounds” for the decision.

Question 19

IASG exists if,

Answer 19

from looking at the court’s decision, it can be determined that it clearly based its decision on state law.

Question 20

IASG do not exist: if from looking at the court’s decision, is it either

Answer 20

(1) unclear whether the decision was based on state law, or
(2) if it appears that the court decided the case based solely on its interpretation of federal law.

Question 21

The 11th Amendment prohibits citizens from bringing suits against a

Answer 21

State in Federal Court

Question 22

The doctrine of sovereign immunity also bars suits against

Answer 22

States in state court.

Question 23

Doctrine of sovereign immunity exceptions

Answer 23

Waiver by a state in its own legislation (i.e. State legislation authorizes suits against the state in federal court).

b. Congress passes legislation allowing citizens to sue states for violations of rights under Section 5 of the 14th Amendment.

Bankruptcy proceedings in which a state is a party.

Question 24

The federal government may sue a

Answer 24

State in federal court.

Question 25

Federal courts generally abstain from hearing a case where there is a

Answer 25

pending suit in state court regarding the same issue until the State’s highest court has a chance to render a decision on the matte