The Nature Judicial Review

Question 1

What is the source of federal judicial power?

Answer 1

1. Article III

Question 2

Under Article III, the jdxn of the federal courts is limited to…

Answer 2

Case-based & Party-based

1- cases arising under the constitution, federal law, and treaties

2- cases affecting ambassadors, public ministers and consuls

3- cases of admiralty ad maritime jdxn

4- controversies to which the US is a party

5- controversies between a state and citizen of other states

6- diversity citizenship

Question 3

11th Amendment (governmental immunity for states)

Answer 3

1. 11th amendment recognized the states and their government immunity; does not apply to subdivisions of a state
2. govt. may not be sued w/o its consent; must expressly & unequivocally waive the 11th amendment

Question 4

What are 3 exceptions to the 11th amendment?

Answer 4

1- suits against state officials for abusing their power in enforcing unconstitutional state statutes

2- suits between states, or by the fed govt against a state

3- suits seeking injunctions against state officials for violating constitutional tirhgts

Question 5

Congress may abrogate a state’s immunity when:

Answer 5

1- the act asserts that it is abrogating the states immunity

2- congress enacts the act under a grant of power that may abrogate the state’s immunity

Question 6

Can the SCOTUS give advisory opinions about proposed action or legislation?

Answer 6

1. No, but state courts may be allowed to render advisory opinions
2. fed courts may also grant declatory judgements

Question 7

What are the requirements for a declatory judgement?

RAMPS

Answer 7

1- Ripeness

2- Abstention & Adequate State grounds

3- Mootness

4- Political Questions

5- Standing

Question 8

Mootness

Answer 8

1. A case will not be dismissed for mootness if the injury is capable of repetition, yet evading review.

Question 9

When may a person have standing for a 3rd party?

Answer 9

1. the mover himself has suffered some injury and the 3rd party is unable to bring their own claim
2. there is a special relationship between the mover & the 3rd party

Question 10

When does an association have standing to sue?

Answer 10

1. when its members would otherwise have standing to sue on their own
2. when the interest is german to the associations purpose
3. neither the claim asserted nor the requested relief would require participation by any individual member

***not valid for constitution lovers

Question 11

The SCOTUS has the power to decide what 4 areas?

Answer 11

1. holding acts of other branches unconstitutional
2. holding state statutes unconstitutional.
3. review state court decisions to ensure the states act in conformity w/ the constitution
4. decide other state law questions

Question 12

What are 4 areas the SCOTUS grants certs for?

Answer 12

1- conflicts between different federal courts of appeal

2- conflicts between the highest courts of 2 states

3- conflicts between a highest state court and a federal court of appeal

4- important and unsolved issues in US appellate courts

Question 13

Adequate Abstention & Independent State Grounds

Answer 13

1- where a state court holds that a state law violates both state law and the constitution, the fed court will abstain