Part I -- "judicial Power"

Front 1

Federal judicial power extends to cases involving:

Back 1

1. interpretation of the constitution, federal laws, treaties, and admiralty and maritime laws; AND

2. disputes between states, states and foreign citizens, and citizens of diverse citizenship.

Front 2

Jurisdiction of the Supreme Court:

Back 2

1. original jurisdiction: cases affecting ambassadors, public ministers, consuls, and those in which a state is a party.

2. appellate jurisdiction: all cases to which fed. power extends; cases can come to the Court in two ways.

a) writ of certiorari: discretionary

b) appeal: mandatory (fed. district ct. 3 judge panel. grant/deny injunctive relief

Front 3

Principle of "strict necessity" and whether a case is "justifiable".

Back 3

Courts have limited what they will hear. There must be a "case or controversy."

1. no advisory opinions-- threat of spec. harm

2. ripeness-must be immediate threat of harm

3. mootness-- controversy must exist all stages

4. standing-- a person must have stake in case

Front 4

Standing:

HINT: three components.

Very important on bar exam****

Back 4

1.) INJURY-- Plaintiff must show that she has been or will be directly or personally injured under const. or federal law.

2.) CAUSATION-- causal connection between the injury and conduct alleged.

3.) REDRESSABILITY-- a decision in litigant's favor must be capable of eliminating her grievance.

Front 5

Common Standing Issues...

Back 5

1. congress can pass laws and create rights which indirectly create standing. However, the litigant must be in the "zone of interest" of the federal statute.

2. standing to assert rights of others-- reqs.

a) must have independent standing

b) difficult for 3rd party to assert rights.

c) special relationship exists between the claimant and the third party(e.g. doctor)

Front 6

Standing of organizations:

Back 6

(i) there is an injury in fact to members (have right to sue on their own behalf)

(ii) injury is related to the organization's purpose

(iii) individual member participation in the lawsuit is not required.

Front 7

Doctrine of Sovereign Immunity:

Back 7

11th amendment