The Nature of Judicial Review Flashcards
Article III, section 2, limits the jurisdiction of the federal courts to:
- Law-Based Federal Jurisdiction
2. Party Based Federal Jurisdiction
What limits the jurisdiction of federal courts
Article III, section 2
Law-Based Federal Jurisdiction
2
- admiralty & maritime cases
2. Constitution & federal law
Party-Based Federal Jurisdiction if
3
- U.S. Gov’t Party
- State v. State
- State v. Other State’s citizens
- Citizens of Different States + > 75k in controversy
- Foreign Diplomats
11th amendment bars
- Private individuals cannot sue
- States (≠ city of counties, = state officials)
- For money damages in any court (≠ injunctions)
When does 11th amendment not bar private v. state for money damages?
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
Case or Controversy Requirements
5
“Ramps” Applies to all Federal Courts
- Ripeness
- Abstention
- Mootness
- Political Questions
- Standing
What is the test for standing?
- actual or imminent personal injury
(≠ legislator, constitution lover, taxpayer) - ∆’s conduct must have caused the π’s injury
- The litigation must remedy or benefit π
When does a taxpayer have standing?
When there is a law violating the establishment clause
What is the test for third party standing?
2
There is generally no right for third party standing; unless,
- 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
- There is incapacity of the third party
(doctor challenging abortion statute)
What is a test for the organization to have standing?
3
- Member Standing: would member have standing to sue as individuals;
- Purpose of the Association: does the association have a purpose related to the interest by the suit; and,
- Member Participation Not Required: the litigation must not require a particular member to bring the suit (will the same remedy address all their claims)
When is a dispute ripe?
When π has a real injury
If a dispute is not ripe, why will a Federal Court not hear the case?
Because a federal court does not issue advisory opinions
When is a dispute moot?
When the πsues too late, when it is too late for a court to give remedy to avoid the harm
What is the exception to mootness?
When there is a case capable of repetition that is evading review
(dispute will happen over and over again)
E.g. pregnancy law
If the answer is “ripeness” or “mootness,” then the question will most likely deal
with declaratory judgment.
What is the test for if a claim political question?
The court will not hear a political question
- There is a textual commitment to give discretion outside the court
- There are no standards for the lower courts to apply and it is left up to the political process
Examples of political question
3
impeachment
partisian gerrymander
Foreign Affairs
What is Abstention?
Deference to State Courts
When may a Federal Court Abstain?
(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)
What is the Adequate and Independent State Grounds Rule?
A federal court will not hear a state high court, if the decision rests on a state law ground (supports decision)
When will a state law ground be adequate?
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.
What is the exception to adequate and independent state grounds rule?
State law is the Federal Law
+
state has practice of following fed., interprets the state law as if it were federal law
The Adequate and Independent State Grounds Rule applies to?
Only the Supreme Court
the Supreme Court has original jurisdiction when?
Some parties start at the supreme court
- Foreign diplomats
- States
Two types of jurisdiction USSC has
Appellate
Original
Appellate jurisdiction exists where?
The federal constitution or a federal law are at issue
What can congress do about federal jurisdiction?
Lower federal court jurisdiction: can do whatever it wants
Supreme Court: cannot stop issues of federal law (unsettle)
What can congress not do about federal jurisdiction?
Cannot take someone with appellate jurisdiction and give them original jurisdiction in the supreme court.
Federal courts cannot issue?
Advisory opinions
A case will not be dismissed as moot where there are:
3
- collateral legal consequences to be determined
- Or the injury is capable of repetition
- There is still a redress needed for an injury suffered.
The only cases where political question will be the answer
3
- Foreign relations
- Gerrymandering
- Impeachment
