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Flashcards in Federal System Judicial Review Deck (32)
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1
Q

Article III, section 2, of the Constitution limits the jurisdiction of the Federal Courts to?

A

Limits of Federal Jurisdiction

Law-Based Federal Jurisdiction

+

Party-Based Federal Jurisdiction

2
Q

What limits the jurisdiction of Federal Courts?

A

Article III, section 2 of the United States Constitution limits the jurisdiction of Federal Courts.

3
Q

What are the (3) Law-Based sources of Federal Jurisdiction?

A
5
Q

What are the 5 Party-Based sources of Federal Court jurisdiction?

A

The Federal Courts have jurisdiction over any cases involving:

  • The United States Government as a party;
  • State v. State action;
  • State v. Non-State citizens;
  • Citizens of Different States + >$75k in controversy; and,
  • Foreign Diplomats.
6
Q

What does the 11th Amendment prohibit?

A

11th Amendment

Private individuals cannot sue the States (does not include city, counties, or state officials) for money damages in any court (injunctions are not barred).

More information: 11th Amendment

7
Q

When does the 11th Amendment allow private citizens to seek money damages from a state?

A

Private v. State Suits Allowed

Congress can use its enforcement powers to authorize private suits against states for money damages for violations of 13th, 14th, and 15th Amendments.

8
Q

What steps should you take in examining a claim’s case and controversy requirements?

A

RAMPS

If claim fails any of the requirements, the claim will not be heard.

R. Is the case ripe?

A. Will the court invoke abstention?

M. Is the controversy moot?

P. Does the claim involve an non-judiciable political question?

S. Does the party bringing the claim have standing?

9
Q

When does a taxpayer have standing sufficient to bring a lawsuit?

A

A taxpayer has standing anytime there is a law violating the establishment clause (seperation of church and state).

10
Q

What are the elements required for a party to have standing to bring a suit?

A

Standing

Injury: the claimant must have suffered an actual or imminent personal injury

(≠ legislator, constitution lover, taxpayer)

+

Causation: The defendant’s conduct must have caused the claimant’s injury

+

Remedy Available: Litigation of the claim must remedy or benefit the claimant

12
Q

What are the steps for analyzing if a third party has standing?

A

Third Party Standing

  1. There is a special relationship between the plaintiff and the third party such that the plaintiff’s interest is connected to the third party’s constitutional rights; and,
  2. There is incapacity of the plaintiff.
    * More Information*: Third-Party Standing
13
Q

What are the steps for analyzing whether an organization has standing?

A
  1. Member Standing: would members have standing to sue as individuals;
  2. Purpose of the Association: does the association have a purpose related to the interest of the suit; and,
  3. Member Participation Not Required: the litigation must not require a particular member to bring the suit (ask: will the same remedy address all their claims).
14
Q

Define when a lawsuit is ripe.

A

A lawsuit is ripe when the plaintiff has an actual injury

15
Q

Why will a Federal Court refuse to hear the case if a suit is not ripe?

A

A Federal Court will not hear a non-ripe case because the Federal Court does not issue advisory opinions.

16
Q

Define when a legal dispute becomes moot,

A

A lawsuit is moot when when it is too late for a court to give remedy to avoid or fix the harm.

17
Q

What is the exception to a case being moot?

A

A case will not be moot when there is an injury capable of repetition that is evading review. This means that a case will not be moot if the injury has the ability happen over and over again.

18
Q

List (3) examples of non-judiciable political questions.

A
  • Impeachment
  • Partisan Gerrymandering
  • Foreign Affairs
19
Q

On the MBE, questions testing “ripeness” or “mootness,” will often involve what type of suits?

A

Suits seeking a declaratory judgment.

20
Q

What elements will prohibit a claim resting on a political question from being adjudicated?

A

The court will not hear a political question if:

There is a textual commitment to give discretion outside the court

or

There are no standards for the lower courts to apply and it is left up to the political process.

22
Q

Define the Doctrine of Abstention.

A

A practice whereby Federal Courts give deference to the decisions of State Courts.

23
Q

In what 2 instances may a Federal Court Abstain from a case?

A
  • 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; or,
  • Where a state court proceeding is adjudicating the same matter, the federal court will abstain from hearing the same matter.
  • More Information*: The Abstention Doctrine
24
Q

Define the Adequate and Independent State Grounds Rule.

A

A Federal Court will not hear an appeal from a state high court if the state court decision is supported (grounded) by state law grounds.

More Information: Adequate and Independent State Grounds Rule

25
Q

When will a state law ground be adequate to satisfy the adequate and independent state grounds rule?

A

Adequate State Grounds

A state law that invalidates a party’s claim exclusively on state law grounds will avoid Federal Court review. However, it will usually not be adequate if it is upheld under both state and federal law—it must be able to rest solely on state law grounds.

26
Q

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

A

A Federal Court will review a state court’s decision if the state law used in the decision tracks federal law and the state court has a practice of following the federal interpretations of the particular law.

27
Q

The Adequate and Independent State Grounds Rule only applies to which courts?

A

Only the U.S. Supreme Court

28
Q

When does the United States Supreme Court have original jurisdiction?

A

SCOTUS Original Jurisdiction

  • When foreign diplomats are parties to the suit; and,
  • When 2 States have claims against each other.
29
Q

What are the (2) types of jurisdiction that the United States Supreme Court maintains?

A
  • Appellate Jurisdiction; and,
  • Original Jurisdiction
30
Q

Define when appellate jurisdiction exists.

A

Appellate jurisdiction exists when either the United States Constitution or a Federal law is at issue.

31
Q

What power does Congress have over Federal Court jurisdiction?

A

Congress can modify the jurisdiction of the lower Federal Courts only (District and Circuit Courts).

32
Q

Define the limits on Congress’ establishment of federal jurisdiction.

A

Congress cannot give a party with appellate jurisdiction original jurisdiction in the United States Supreme Court.

33
Q

Define the type of opinions that Federal Courts CANNOT issue.

A

Advisory Opinions

34
Q

In what (3) instances will a case not be dismissed as moot?

A
  • There are collateral legal consequences to be determined
  • The injury is capable of repetition; or,
  • There is still a redress needed for an injury suffered.
35
Q

On the MBE, courts should only refuse to hear a case based upon a political question in which scenarios?

A
  • Foreign Relations
  • Gerrymandering
  • Impeachment