The Nature of Judicial Review

Question 1

Article III, section 2, limits the jurisdiction of the federal courts to:

Answer 1

1. Law-Based Federal Jurisdiction

2. Party Based Federal Jurisdiction

Question 2

What limits the jurisdiction of federal courts

Answer 2

Article III, section 2

Question 3

Law-Based Federal Jurisdiction

2

Answer 3

1. admiralty & maritime cases

2. Constitution & federal law

Question 4

Party-Based Federal Jurisdiction if

3

Answer 4

1. U.S. Gov’t Party
2. State v. State
3. State v. Other State’s citizens
4. Citizens of Different States + > 75k in controversy
5. Foreign Diplomats

Question 5

11th amendment bars

Answer 5

1. Private individuals cannot sue
2. States (≠ city of counties, = state officials)
3. For money damages in any court (≠ injunctions)

Question 6

When does 11th amendment not bar private v. state for money damages?

Answer 6

Congress can use its enforcement powers to authorize private suits against states for damages for violation of 13th, 14th, and 15 amendments

~overcomes sovereign immunity

Question 7

Case or Controversy Requirements

5

Answer 7

“Ramps” Applies to all Federal Courts

1. Ripeness
2. Abstention
3. Mootness
4. Political Questions
5. Standing

Question 8

What is the test for standing?

Answer 8

1. actual or imminent personal injury
   (≠ legislator, constitution lover, taxpayer)
2. ∆’s conduct must have caused the π’s injury
3. The litigation must remedy or benefit π

Question 9

When does a taxpayer have standing?

Answer 9

When there is a law violating the establishment clause

Question 10

What is the test for third party standing?

2

Answer 10

There is generally no right for third party standing; unless,

1. Special relationship between the π & third party such that they have an interest of the π is connected to the third party’s constitutional rights
2. There is incapacity of the third party

(doctor challenging abortion statute)

Question 11

What is a test for the organization to have standing?

3

Answer 11

1. Member Standing: would member have standing to sue as individuals;
2. Purpose of the Association: does the association have a purpose related to the interest by the suit; and,
3. Member Participation Not Required: the litigation must not require a particular member to bring the suit (will the same remedy address all their claims)

Question 12

When is a dispute ripe?

Answer 12

When π has a real injury

Question 13

If a dispute is not ripe, why will a Federal Court not hear the case?

Answer 13

Because a federal court does not issue advisory opinions

Question 14

When is a dispute moot?

Answer 14

When the πsues too late, when it is too late for a court to give remedy to avoid the harm

Question 15

What is the exception to mootness?

Answer 15

When there is a case capable of repetition that is evading review
(dispute will happen over and over again)

E.g. pregnancy law

Question 16

If the answer is “ripeness” or “mootness,” then the question will most likely deal

Answer 16

with declaratory judgment.

Question 17

What is the test for if a claim political question?

Answer 17

The court will not hear a political question

1. There is a textual commitment to give discretion outside the court
2. There are no standards for the lower courts to apply and it is left up to the political process

Question 18

Examples of political question

3

Answer 18

impeachment
partisian gerrymander
Foreign Affairs

Question 19

What is Abstention?

Answer 19

Deference to State Courts

Question 20

When may a Federal Court Abstain?

Answer 20

(a) The federal court may abstain if the meaning of a state law or regulation is unclear. In this situation, the state court might interpret the statute so as to avoid the constitutional issue.
(b) Where a state court proceeding is going on, the federal court will abstain from hearing the same matter. (one party to a state court goes to the fed about a constitutional claim)

Question 21

What is the Adequate and Independent State Grounds Rule?

Answer 21

A federal court will not hear a state high court, if the decision rests on a state law ground (supports decision)

Question 22

When will a state law ground be adequate?

Answer 22

adequate if it invalidates something–a state law or a contract.

It will usually not be adequate if the law or contract is upheld under both state and federal law.

Question 23

What is the exception to adequate and independent state grounds rule?

Answer 23

State law is the Federal Law
+
state has practice of following fed., interprets the state law as if it were federal law

Question 24

The Adequate and Independent State Grounds Rule applies to?

Answer 24

Only the Supreme Court

Question 25

the Supreme Court has original jurisdiction when?

Answer 25

Some parties start at the supreme court

1. Foreign diplomats
2. States

Question 26

Two types of jurisdiction USSC has

Answer 26

Appellate

Original

Question 27

Appellate jurisdiction exists where?

Answer 27

The federal constitution or a federal law are at issue

Question 28

What can congress do about federal jurisdiction?

Answer 28

Lower federal court jurisdiction: can do whatever it wants

Supreme Court: cannot stop issues of federal law (unsettle)

Question 29

What can congress not do about federal jurisdiction?

Answer 29

Cannot take someone with appellate jurisdiction and give them original jurisdiction in the supreme court.

Question 30

Federal courts cannot issue?

Answer 30

Advisory opinions

Question 31

A case will not be dismissed as moot where there are:

3

Answer 31

1. collateral legal consequences to be determined
2. Or the injury is capable of repetition
3. There is still a redress needed for an injury suffered.

Question 32

The only cases where political question will be the answer

3

Answer 32

1. Foreign relations
2. Gerrymandering
3. Impeachment