The Federal Judiciary Flashcards
Article III of the Constitution requires that all cases coming before a federal court present a.
Live case or controversy.
Standing requires the plaintiff to prove that
(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.
A federal court may not issue an opinion based on an
abstract or hypothetical question
The plaintiff must show that it has
personally suffered an injury
If the plaintiff is seeking injunctive or declaratory relief, it must also establish the
Likelihood of future harm to itself if a favorable decision is not rendered.
The plaintiff must allege, and prove, that there is a
causal connection between the defendant’s actions and its injury.
The plaintiff must show that a
favorable court decision will remedy its injury.
3rd Party Standing Exceptions
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
An organization (e.g. The Sierra Club) may sue on behalf of its members if:
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.
A federal court will generally not grant
pre-enforcement review of a statute or regulation
Doctrine of Ripeness Exception: A court may hear the case if it finds that
(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
The plaintiff may not bring suit.
Solely as a citizen or as a taxpayer who is displeased with a government decision.
A taxpayer will have standing to challenge a government expenditure made pursuant to a federal statute as violating the
establishment clause
The plaintiff’s injury will be considered moot if events take place.
After the filing of its lawsuit, that end the plaintiff’s injury.
Doctrine of Mootness exceptions:
If π alleges a wrong which is capable of repetition yet evading review
Voluntary cessation by the defendant of unconstitutional action
Class action suits
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
writ of certiorari (At least 4 of the 9 justices vote to take the case)
The Court will only hear the federal issues involved in a case coming to it from a State court, not
state law issues.
The Court will also not hear a case in which there were
“Independent and Adequate State Grounds” for the decision.
IASG exists if,
from looking at the court’s decision, it can be determined that it clearly based its decision on state law.
IASG do not exist: if from looking at the court’s decision, is it either
(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.
The 11th Amendment prohibits citizens from bringing suits against a
State in Federal Court
The doctrine of sovereign immunity also bars suits against
States in state court.
Doctrine of sovereign immunity exceptions
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.
The federal government may sue a
State in federal court.
