Federal Judicial Power Flashcards Preview

MBE Con Law > Federal Judicial Power > Flashcards

Flashcards in Federal Judicial Power Deck (20)
Loading flashcards...
1
Q

Federal courts are limited to what type of jurisdiction?

A
  1. Law-based federal jurisdiction
  2. Party-based federal jurisdiction
2
Q

Law-Based Federal Jurisdiction

A
  1. Cases arising under the constitution and federal laws
  2. Admiralty and maritime cases
3
Q

Party-Based Federal Jurisdiction

A

5 types of cases:

  1. U.S. gov’t
  2. State v. State
  3. State v. Other state’s citizens
  4. Citizens from different states with $75K in controversy (diversity jurisdiction)
  5. Foreign diplomats
4
Q

11th Amendment

A

State sovereing immunity bars private individual from suing states for money damages in any court

5
Q

Exceptions to the application of the 11the Amendment

A
  1. suits against state officials for abusing their power in enforcing an unconstitutional state statute;
  2. federal suits brought by one state against another state, or suits brought by the federal government against a state; and
  3. most suits for injunctions—e.g., a private citizen may sue to enjoin a state official from acting in violation of the plaintiff’s federal constitutional rights.
  4. A state may consent to suit in federal court if it clearly waives its Eleventh Amendment immunity and does so expressly and unequivocally (or by voluntarily invoking a federal court’s jurisdiction).
  5. Enforcement powers - Congress can authorize private suits by individuals for violations of 13th, 14th, and 15 Amendments
6
Q

Limitation of federal court jurisdiction

A

Article III, Section 2 limits federal court jurisdiction to “cases” and “controversies”

Plaintiff must meet R.A.M.P.S. requirements in order to get into federal court: 1) Ripeness; 2) Abstention; 3) Mootness; 4) Political question; and 5) Standing.

7
Q

For Standing, plaintiff must show:

A
  1. injury-in-fact;
  2. causation (the injury was caused by the challenged action); and
  3. redressability.
8
Q

What is Injury-In-Fact?

A

Plaintiff must show actual or imminent personal injury,

caused by the action he is challenging

9
Q

Causation

A

∆’s conduct must have caused the injury

10
Q

Redressability

A

The litigation, if it succeeds, must remedy the injury

OR

beneift the plaintiff

11
Q

When is 3rd party standing permitted?

A

Party can raise 3rd party constitutional rights where he himself has suffered injury AND:

  1. special relationship exists between the claimant and third party because of the connection between the interests of the claimant and the constitutional rights of the third person; or
  2. 3rd party is unable or finds it difficult to bring the suit on his own behalf
12
Q

When does an organization have standing?

A

If:

  1. The members would otherwise have standing to sue;
  2. the interest asserted is germane to the association’s purpose; and
  3. Member participation is not required
13
Q

Ripeness

A

Ripenessbarsconsideration of claims before they have fully developed

Generally, a court may not review or grant a declaratory judgment of a state law before it is enforced or when there is no real threat the statute will ever be enforced

14
Q

Mootness

A

If a controversy or matter has already been resolved, then the case will be dismissed as moot.

15
Q

Political Question

A

Federal courts cannot hear cases involving political questions

16
Q

What is a political question

A

a matter assigned to another branch by the constitution or incapable of a judicial answer

17
Q

Factors SCOTUS uses to determine what is a political question

A
  1. Textual commitment
  2. No standards
18
Q

Abstention

A
  • The federal court may abstain, or refuse to hear, a particular case when there are undecided issues of state law presented
  • The federal court may abstain if the meaning of a state law or regulation is unclear
  • SCOTUS will not a hear a case from state high court if the state court decision can be supported by state law grounds
19
Q

What kind jurisdiction does SCOTUS have?

A
  1. Original
  2. Appellate
20
Q

When is there Judicial immunity?

A
  • Absolute immunity from civil liability for damages from judicial acts