The Judicial Power

Question 1

Source

Answer 1

Article 3

Question 2

Justicability

Answer 2

Whether a lawsuit can be decided by a federal court as an actual case or controversy

Question 3

3 components/questions of justicability

Answer 3

1) What does a lawsuit request?
—–No advisory opinions

2) When is a lawsuit brought?
—-when its ripe, but before its moot

3) Who brings the lawsuit
—-must be someone with standing

Question 4

Advisory opinions

Answer 4

Lacks actual dispute between adverse parties OR legally binding effect

Courts cant rule on them

Question 5

Ripeness

Answer 5

Pre-enforcment review of laws or policies are generally not enforcable.

EXCEPTION: P shows:
1) the issues are fit for a judicial decision AND
2) the P would suffer substantial hardship in the absence of review

Question 6

Mootness

Answer 6

Live controversy + ongoing injury

Question 7

Mootness excpetions

Answer 7

1) Controversies capable of repetition but that evade review b/c of their inherently short duration

2) Cases where teh D voluntarily stops the offending practice but is free to resume it
—–exception: very difficult to restart

3) Class actions in which the class rep’s controversy has beome moot but the claim of at least one member is still viable

Question 8

Standing components

Answer 8

Injury
Causation
Redressability

Question 9

Injury

Answer 9

1) Any concrete or particularized harm
2) that has occured or is imminent
3) that has been suffered by the right person (generally no third party standing)

Question 10

Ideological objections and generalized grievances (injury)

Answer 10

No standing generally for citiznes and taxpayers.

Ex: —-can’t sue government for not enforcing law
—–can’t challenge congressional spending of tax revenues

EXCEPTIONS:
-tax payers can challenge their tax liability, even as a class.

-congrseional spending in violation of the Establishment Clause
—–applies only to LEGISLATIVE spending (such as congress allocating money to build a church)

Question 11

Third party standing exceptions

Answer 11

FIRST EXCEPTION: If claimant has standing, can assert rights of T IF:
1) difficult for T to assert own rights OR
2) Close relationship between P and T so P could adequatley represent

Example:
–parent suing on behalf of child
–NAACP challenges law demanding release of it’s membership list on behalf of its members (freedom of association)

SECOND EXCEPTION: Organizations can sue on behalf of its members if:
1) there is an injury in fact to the members,
2) the members injury is related to the organizations purpose AND
3) individual member participation in the lawsuit is not required (damages vary by members)

THIRD EXCEPTION: Free Speech Overbreadth
–A person has standing to bring a FS claim alleging that hte gov restricted substantially more speech than necessary even if that persons own speech would not be protected under the First Amendment
——does not apply to commercial speech restrictions

Question 12

Causation (standing)

Answer 12

Injury is fairly traceable to the D

Question 13

Redressability

Answer 13

The win CAN remedy their injury through either damages or injunction

Example of no redressability: mother challenged a state’s failure to prosecute a baby daddy for non payment of child support. “remedy” would’ve been just sending dad to jail. Should have sued the dad directly

Question 14

Soverign Immunity

Answer 14

Generally, can’t sue states. Source: 11 amendment.

Exceptions:
1) Waiver
2) Actions against local governments
3) Suits by other states or teh federal government
4) bankruptcy
5) certain actions against state officers
6) congress removes the immunity

Question 15

Soverign immunity waiver

Answer 15

Can be express or structural/implied

Structural examples:
1) Vets can sue statesthat refuse to accomodate their service related disabilities
—-based on fed govs power to raise and support a military

Question 16

Soveirgn Immunity Exception: local governments

Answer 16

Can sue lcoal government AND agencies (like police dept)

Question 17

Soverign immunity: bankruptcy

Answer 17

Exception. If ap person ownes a state money, can sue them in relation to a bankruptcy proceeding.

Question 18

Soverign Immunity exception: Certain actions against state officials

Answer 18

Can sue:
1) for damages personally OR
2) to enjoin the official from future conduct that violates the Constitution or federal law

But can’t sue seeking retroactive damages.

Question 19

Soverign Immunity Exception: Congress removes immunity

Answer 19

Congress can remove as to actions created under the 14th Amendment power to prevent discrimination.

Intent must be clear.

Question 20

Supreme Court Jurisdiction: independent and adequate state law grounds

Answer 20

No review of state court decision if adequate and independent state grounds (independent/adequate from federal question)

Question 21

Congress’s power to modify the SUpreme Court’s original and appellate jurisdiction.

Answer 21

Congress cannot add to SC’s OJ.

But can make exceptions and regulations re: it’s appellate jurisdiction