Term
| Where in the Constitution does the power of the judiciary derive? |
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Definition
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Term
| What types of cases will fulfill the cases or controversies requirement of Article 3 that gives Federal Courts jurisdiction? |
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Definition
If the case:
1. Arises under the Constitution, laws, and/or treaties of the United States.
2. Affects foreign countries' ambassadors, public ministers, and consuls.
3. Involves admiralty and maritime jurisdiction.
4. The United States is a party.
5. Between two or more states, or between a state and citizens of another state.
6. Between citizens of different states or between citizens of the same state claiming lands under grants of different states.
7. Between a state or its citizens, and foreign states, citizens, or subjects. |
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Term
| Can the judiciary review the act of another branch of the Federal government or state government to declare the act unconstitutional? |
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Definition
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Term
| What is the general rule of the eleventh amendment? |
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Definition
| A state is immune from suit from citizens of another state or its own state for violations of state law. State officials may be enjoined from violating federal law. |
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Term
| What are the exceptions to the eleventh amendment bars? |
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Definition
1. Consent.
2. Injunctive relief unless the state itself is named. The plaintiff may enjoin a named state official.
3. If the state official himself will have to pay damages rather than the state itself because the action is against the state official as an individual.
4. Actions to cure prospective damages do not fall under the umbrella of the 11th amendment.
5. Congress may abrogate immunity if it is clearly acting to enforce the 14th amendment expressly |
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Term
| What types of cases do not fall under the umbrella of the 11th amendment |
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Definition
1. Actions against local governments
2. Actions by the United States or other state governments
3. Bankruptcy proceedings. |
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Term
| What types of cases does the Supreme Court have original jurisdiction over? |
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Definition
| Cases affecting ambassadors, other public ministers and consuls, and those which a state shall be a party. It may grant concurrent original jx to lower federal courts. |
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Term
| What are the requirements of Article 3 standing? |
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Definition
1. Injury in fact: The injury must be concrete and particularized.
2. The plaintiff must show that the injury was fairly traceable to the challenged action.
3. It must be likely that a favorable court decision will redress the injury.
1. Injury in fact.
2. Causation.
3. Redressability. |
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Term
| Does injury in fact need to be economic or physical? |
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Definition
| No, an injury can be harm to the environment that are recreational or aesthetic, but the injury must be more than simply generalized harm. The threat of future injury may also suffice, but it must be actual and imminent. Future injury can only acquire an injunction, not damages. |
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Term
| Do taxpayers have standing to sue for improper taxes? |
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Definition
| No standing to file a lawsuit because the taxpayer believes the government have allocated tax funds in an improper way. Standing is established to litigate whether or how much he or she owes on the tax bill. |
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Term
| Can a party assert standing on behalf of a third party? |
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Definition
1. If the third party would experience difficulty or is unable to assert their own rights, they may assert standing.
2. If there is a special relationship between the plaintiff and the third party such as an employer asserting the rights of its employees, the third party may assert standing.
3. If the injury suffered adversely affects the plaintiff's relationship with a third-party. |
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Term
| When can members of an organization bring an action on their own behalf? |
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Definition
When its members would have standing to sue on their own OR
When the interests at stake are germane to the organization's purpose. |
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Term
| What is ripeness, and when is a case ripe? |
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Definition
| Ripeness is the readiness of a case for litigation, courts will not consider a claim before it has fully developed because doing soo would be premature. For example, if an ambiguous law has historically not been enforced, the case may not be ripe. |
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Term
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Definition
| A case is moot if further legal proceedings would have no effect. For example, where a person sues for discrimination in being rejected to law school, and is admitted subsequent to suit. |
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Term
| Name the exceptions for when a case is moot, and yet the court may still hear a case. |
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Definition
1. Capable of repetition, yet evading review: Where a case is the type that may recur, but will not last long enough to work its way through the judicial system.
2. Voluntary cessation: Where a defendant voluntarily ceases its illegal action once litigation has commenced, the court must assure that the wrong will not be repeated.
3. Class actions: One claimant's action becoming moot does not render the class action moot. |
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