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For a case to be heard in federal court, it must be justiciable, meaning a case or controversy exists.
To determine whether a case or controversy exists, the case must satisfy: R.A.M.P.S.
1) Ripeness; 2) Abstention; 3) Mootness; 4) Political question; and 5) Standing. |
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Ripeness means that a case is sufficiently developed
Mootness means that a case involves a live controversy. If the circumstances causing P's asserted harm cease to exist after P files suit, the case must be dismissed as moot. Except if 1) wrongs capable of evading review; 2) voluntary cessation by D (D ceased the acts giving rise to P's suit, but can resume acts at any time; and 3) Class acction law suits (only 1 member of class must have an ongoing injury). |
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Under the Pullman Abstention Doctrine, the federal courts should not adjudicate the constitutionality of state enactments fairly open to interpretation until the state courts have been afforded a reasonable opportunity to pass on them.
For Pullman abstention to be invoked, three conditions must be apparent:
- There must be a state law issue that is potentially dispositive;
- That state law must be unclear; and
- That disposing of state law will avoid constitutional questions.
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A party must have standing to have a claim heard in federal court. Standing requires: 1) Injury (present or likelihood of imminent injury); 2) Causation and redressability. No Generalized Grievances. Congress can't automatically confer standing but can create new rights.
Third-Party Standing is only allowed under certain exceptions: 1) Doctor:Patient; 2) Organization on behalf of members; 3) injured party unlikely to assert their own rights. |
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Federal courts will not adjudicate certain constitutional issues. 4 non-justiciable political questions: 1) "Republican form of government"; 2) President's conduct on foriegn policy; 3) impeachment and removal proceedings; and 4) partisan gerrymandering.
a few Non-political questions deemed justiciable: 1) legislative apportionment; 2) arbitrary exclusion of congressional delegates; and 3) production of presidential papers/communications. |
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The three methods of Supreme Court Review:
1) Discretionary review -- writ of certiorari;
2) Mandatory review -- appeals from three-judge district court panels regarding injunctive relief (this bypasses the courts of appeal); and
3) Original Jurisdiction -- suits between states.
Final judgment requirement - from lower federal courts or highest state court; can't review state court decision rested on adequate state law ground. |
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The 11th Amend. bars suits against state governments in federal court. Federal courts can't hear claims from a private party or foreign govt. against a state govt.
Exceptions- 1) State waives immunity; 2) suit involves enforcement of §5 of the 14th Amend.; 3) federal govt brings the suit; or 4) bankruptcy proceeding.
Suits against state officers can be brought in federal court if suit involves 1) claim for injunctive relief for violation of Const. or federal law; or 2) a claim for $ damages paid by state officer personally. |
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