THE JUDICIAL POWER Flashcards
Under Article III, what does the federal judicial power extend to?
- interpretation of the Constitution, federal laws, treaties, and admiralty and maritime laws
- Disputes between states, states and foreign citizens, and citizens of diverse citizenship
What is the power of judicial review?
Supreme Court may review the constitutionality of acts of other branches of the federal government, and acts pursuant to the Supremacy Clause.
Can Congress create courts?
Yes, they can under Article 1
Can congress take away judicial power?
Congress can takeaway original and appellate jurisdiction but is bound to the limits in Article 3 as to subject matter and party jurisdiction and the requirement of a case or controversy.
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, but Congress has given concurrent jurisdiction to lower federal courts in all cases except those between states.
What type of appellate jurisdiction does the Supreme Court have?
in all cases to which federal power extends
How does a case come to the Supreme Court?
writ or certiori - supreme court has complete discretion to hear cases that come through writ
what cases come through writ of certiorari?
1) cases from state courts where the consistutionality of a federal statute, treaty, or state statute is in issue, or
2) a state statute allegedly violates federal law
3) all cases from federal courts of appeal
What other requirements are there other than case or controversy for a case to be justicable?
No advisory opinions - specifc present harm or threat of future harm, must be real and immediate danger.
What two considerations for ripeness?
fitness of the issues for judicial decision and the hardship to the parties of witholding court consideration. ripeness bars consideration of claims before they have been developed;
What is mootness?
A real controversy must exist at all stages of review. If the matter has already been resolved, the case will be dismissed as moot. mootness bars consideration after they have been resolved.
What is standing and what do you need?
1) injury in fact - particularized and concrete injury.
2) Causation
3) Redressability
if government statute need to be in zone of interest
Does a organization have standing?
yes if 2 things
1) there is an injury in fact to members that gives them a right to sue on their own behalf
2) injury is related to the organizations purpose
3) individual member participation in the lawsuit
Can a taxpayer have standing?
Generally no, unless it is to challenge her tax bill or Congress’s spending power is involved
What is the adequate and independant state grounds doctrine?
state law grounds are adequate when they are fully dispositive of the case and they are independant id the decision is not based on federal case interpretations of identical federal provisions.
