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Flashcards in Federal Judicial Power Deck (25)
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1
Q

What are the 4 requirements for cases and controversies?

A
  1. Standing
  2. Ripeness
  3. Not moot
  4. It is not a political question
2
Q

What is standing?

A

Standing is the issue of whether the plaintiff is the proper party to bring a matter to the court for adjudication.

3
Q

What are the 4 requirements for standing?

A
  1. Injury
  2. Causation and redressability.
  3. No third party standing (unless an exception applies)
  4. No generalized grievances.
4
Q

What does a plaintiff need to show for Injury? (present af furture injury)

A

The plaintiff must allege and prove that he or she has been injured or imminently will be injured.
Plaintiffs only may assert injuries that they personally have suffered

5
Q

Injury- what must a plaintiff show to get injunction relief?

A

Plaintiffs seeking injunctive or declaratory relief must show a likelihood of future harm.

6
Q

Causation and redressability. what does it mean?

A

The plaintiff must allege and prove that the defendant caused the injury so that a favorable court decision is likely to remedy the injury. No advisory opinions.

7
Q

No third party standing, what does it mean?

A

A plaintiff cannot assert claims of others, of third parties, who are not before the court.

8
Q

what are the exceptions to No third party standing?

A

i. Exception: third party standing is allowed if there is a close relationship between the plaintiff and the injured third party. The plaintiff himself must also show thier own standing first!
ii. Exception: third party standing is allowed if the injured third party is unlikely to be able to assert his or her own rights
iii. Exception: an organization may sue for its members, if
— the members would have standing to sue;
— the interests are germane to the organization’s purpose;
— neither the claim nor relief requires participation of
individual members

9
Q

No generalized grievances, what does it mean?

A

The plaintiff must not be suing solely as a citizen or as a taxpayer interested in having the government follow the law

10
Q

No generalized grievances what are the exceptions?

A

taxpayers have standing to challenge government expenditures pursuant to federal statutes as violating the Establishment Clause
ONLY FOR GOVERNMENT GRANTS OF MONEY PURSUANT TO FEDERAL STATUTE or STATE AND LOAL GOV (no standing for tax credits).

11
Q

What is Ripeness?

A

Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.

12
Q

What do you look for for issues of ripeness?

A
  1. The hardship that will be suffered without preenforcement review. The greater the hardship the more likely the federal court will hear the case.
  2. The fitness of the issues and the record for judicial review. Is there any reason why the court should wait to hear the case?
13
Q

Define mootness.

A

If events after the filing of a lawsuit end the plaintiff’s injury, the case must be dismissed as moot.

14
Q

What are the exceptions to mootness?

A
  1. Wrong capable of repetition but evading review.
  2. Voluntary cessation- Defendant halts practice, but is legally free to resume the offending practice at any time, will not be dismissed as moot.
  3. Class action suits- If named P in class action becomes moot, if another P in class has an ongoing injury it will not be moot.
15
Q

The political question doctrine. What 4 things are under the political question doctrine?

A

The political question doctrine refers to constitutional violations that the federal courts will not adjudicate.

  1. The “republican form of government clause.” Elected representatives question.
  2. Challenges to the President’s conduct of foreign policy
  3. Challenges to the impeachment and removal process
  4. Challenges to partisan gerrymandering.
16
Q

How do cases get to the supreme court? 4 ways

A
  1. All cases from state courts come to the Supreme Court by writ of certiorari.
  2. All cases from United States courts of appeals come to the Supreme Court by writ of certiorari.
  3. Appeals exist for decisions of three-judge federal district courts
  4. The Supreme Court has original and exclusive jurisdiction for suits between state governments
17
Q

At what point can the supreme court hear a case?

A

Generally, the Supreme Court may hear cases only after there has been a final judgment of the highest state court, of a United States Court of Appeals, or of a three-judge federal district court

18
Q

Final Judgment Rule, define.

A

Generally no interlocutory review. All appeals must be used before SC can hear the matter.

19
Q

What happens if there is an independent state ground to decide the case?

A

For the Supreme Court to review a state court decision, there must not be an independent and adequate state law ground of decision. If a state court decision rests on two grounds, one state law and one federal law, if the Supreme Court’s reversal of the federal law ground will not change the result in the case, the Supreme Court cannot hear it.

20
Q

May lower federal courts hear cases against state governments?

A

No. Federal courts may not hear suits against state governments

21
Q

Principal of Sovereign Immunity, what is it (2 things)

A
  1. The Eleventh Amendment bars suits against states in federal court
  2. Sovereign immunity bars suits against states in state courts or federal agencies
22
Q

Principal of Sovereign Immunity - what are the 4 Exceptions?

A
  1. The state expressly waives the immunity.
  2. States may be sued pursuant to federal laws adopted under section 5 of the Fourteenth Amendment. Congress cannot authorize suits against states under other constitutional provisions.
  3. The federal government may sue state governments.
  4. Bankruptcy proceedings
23
Q

Can you sue against a state officer?

A

Yes

24
Q

Under what conditions may you sue a state officer?

A
  1. state officers may be sued for injunctive relief;
  2. state officers may be sued for money damages to be paid
    out of their own pockets
    3.state officers may not be sued if it is the state treasury that will be paying retroactive damages
25
Q

what is Abstention?

A

Federal courts may not enjoin pending state court proceedings.