The Judicial Power Flashcards
Judicial Review
the SCOTUS may review the constitutionality of acts of other branches of the federal government. It may also review acts of states pursuant to the supremacy clause.
Over what cases does the Supreme Court have original jurisdiction?
all cases affecting ambassadors, public ministers, consuls, and those in which a state is a party.
What is the only type of case that the Supreme Court has original jurisdiction over and which Congress has NOT given concurrent jurisdiction to lower federal courts?
All cases between states. Only the Supreme Court can hear these cases.
What are the two ways by which a case can come before the SCOTUS?
By writ of certiorari or by appeal from a three-judge district court panel.
What kinds of cases can come to the SCOTUS by way of writ of certiorari?
1) cases from state courts where a) the constitutionality of a federal statute, federal treaty, or state statute is in issue; or b) a state statute allegedly violates federal law; and 2) all cases from federal courts of appeal.
What do courts consider when determining whether a case is ripe?
1) the fitness of the issues for judicial decision; and 2) te hardship to the parties of withholding court consideration.
Controversies capable of ___________, but evading review, are not moot.
repetition
When can a class representative continue to pursue a class action after the representative’s controversy has become moot?
if claims of other class members are still viable.
What must a person have in order to show they have standing?
1) injury in fact; 2) causation; and 3) redressability.
Must a party’s injuries be economic to have standing?
No
How can Congress give someone standing?
Only by passing legislation which confers new interests. It cannot outrightly give someone standing just to give them standing.
When can someone assert the constitutional rights of others to obtain standing?
A person can assert the constitutional rights of another if 1) that person has standing to assert her own rights; and 2) the third party has difficulty asserting her rights; or 3) there is a special relationship between the third party and the asserting party.
When does an organization have standing?
an organization has standing when 1) there is an injury in fact to members that gives them a right to sue on their own behalf; 2) the injury is related to the organization’s purpose; and 3) individual member participation in the lawsuit is not required.
Even where federal issues are involved, the Supreme Court will not exercise jurisdiction if the state court judgment is based on ______________________________.
adequate and independent state law grounds.
Robert v. Missouri in federal court. Justiciable?
No. The Eleventh Amendment prohibits private parties from suing state governments in federal court.
