Con Law1: Judicial Power

Article 3
Juducial Review
Federal Courts
Article3
Article1
Jurisdiction of the supreme court
original jurisdiction
appellate Jurisdiction: SC has power in all cases to which federal power extends, subject to congressional exceptions and regulation
Writ of Certiorari
cases from state courts re:(1) constituionality(2) violation of federal law
all cases from federal courts of Appeals
appeal-must hear: decesions by 3-judge federal district court panels that grant or deny injunction relief

Consitutional and Self-Imposed limitations on exercise of Fed. Jurisdiction-"strict scrutiy"
Q: does this case judiciable by SC?
A: depends on whether there is "a case or controversy" and other elements

no advisory opinions: there must be present harm or threat of specific future harm.

Ripeness: Pp is not entitled to review of a statute or regulation before its enforcement unless the Pp will suffer some harm or immediate threat of harm

Mooteness

• a real controversy must exist at all stages of review. If the matter has already been resolved,the case will be dismissed as moot.
• exception: capable of repetition, but evading review are not moot.ex. abortion
• class action: representative may continue to pursue even her claim has become moot if claims of other class members are still viable.

Standing: Pp must have a concrete stake in the outcome of a case.

• injury: directly/personally harmed by the unlawful gov action which affects her right under con or fed law
• causation
• redressibility: the decision favor Pp must be capable of eliminating the grievance

common standing issue

• Pp in Zone of Interests: have standing to enforce a fed statute
• Standing for others: a claimant has standing in her own right can assert the rights for a 3rd person if

• (1) it's difficult for the 3rd party to assert her own right or

  (2) special relationship between the claimant and the 3rd party

• standing of orgnization:

• (1)injury to members and members can sue on their own

  (2) injury is related to the org purpose

  (3) idv. participation is not required

taxpayer standing: no standing to challenge gov expenditures( cause too remote)
exception: attacking taxing and spending measures on 1st amendment expenture clause
no standing to challenge fed gov grants of surplus property to religious group

adequate and independant state grounds
SC will not exercise jurisdiction if the state court judgement is based on adequate(fully dispositive of the case) and independent(not based on federal case interpretations of identical federal provisions) state law grounds

Abstention
political questions

• constituionally committed to another branch of gov
• inherently incapable of judicial resolution ex. president's conduct of foreign policy
• non political Q: legislative apportionment, arbitrary exclusion of a congressional delegate/production of presidential papers and communications

11th Amend

• prohibiting fed courts from hearing a private party's or foreign gov's claims against a state gov.
• SC: sovereign immunity bars suits against a state gov in state court, even on federal claims
• Congress can remove the immunity as to actions created under 14th Amendment.