The Judicial Power Flashcards
Article III - Scope of Judicial Power
Federal judicial power extends to cases involving:
- interpretation of the Constitution, federal laws, treaties, and admiralty and maritime laws
- disputes between states, states and foreign citizens, and citizens of diverse citizenship
Article III Courts and Congress
- Congress can define the original and appellate jurisdiction of Art III courts
-> BUT Congress is bound by standards set forth in Art III concerning subject matter and party jurisdiction + requirement of a “case or controversy” - Congress can also create courts under Article I (would have no life tenure, + can’t assign such courts jurisdiction traditionally that of Article III courts)
Justiciability Questions
- what is the case requesting? (is it an advisory opinion?)
- when is the case being brought? (is it ripe or moot?)
- who is bringing the case? (does the plaintiff have standing?)
Advisory Opinions
- federal courts can’t issue advisory opinions
- advisory opinions = decisions lacking:
1) an actual dispute between adverse parties OR
2) any legally binding effect on the parties - note that fed courts can still provide pre-enforcement review of a law though w/o rendering advisory opinion as long as the case and controversy requirements are met
Ripeness - Requirements
Plaintiff must show:
1) the issues are fit for judicial decision AND
2) the plaintiff would suffer substantial hardship in the absence of review
Ripeness F- Fitness for Judicial Decision
- more likely to be fit for judicial review if case involves legal rather than factual issues
- generally, an issue is not fit for judicial decision if it relies on uncertain or contingent future events that might not occur
Ripeness - Hardship to Parties
- plaintiff needs to show that they would have to risk substantial hardship to provoke enforcement of the law
- the more hardship the plaintiff can show, the more likely the court will find the case to be ripe
Mootness - Requirements
- live controversy must exist at all stages of review -> pl needs to be suffering an ongoing injury
Mootness - Exceptions
- controversies capable of repetition but that evade review because of their inherently short duration
- cases where the defendant voluntarily stops the offending practice but is free to resume it
- class actions in which the class representative’s controversy has become moot but the claim of at least one other class member is still viable
Standing - Components
- injury in fact
- causation
- redressability
Standing - Injury in Fact
Requires both:
- a particularized injury -> one that affects the plaintiff in a personal and individual way AND
- a concrete injury -> one that actually exists (that is, not hypothetical)
- people have no standing merely as citizens or taxpayers to claim that government action violates federal law or the Constitution (injury too generalized)
Standing - Injury in Fact - Exceptions to the No Citizenship Standing Rule
- taxpayer has standing to challenge their OWN tax bill
- people have standing to challenge congressional spending measures on First Amendment Establishment Clause grounds
Standing - When Must the injury occur?
- injury must be imminent -> needs to have already occurred or imminently will occur
Standing - Who must suffer the injury?
- generally, no third-party standing
- plaintiff must be the one who suffered the injury, although there are exceptions
Standing to Assert the Rights of Others
Claimant with standing in their own right may assert the rights of a third party IF:
1) it is difficult for the third party to assert their own rights (ex of an org challenging a law that requires disclosure of its membership lists - the members couldn’t challenge that law on their own) OR
2) close relationship exists between the claimant and the third party
