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84 Cards in this Set
- Front
- Back
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T or F? Congress is given power by the Constitution to create all federal courts. |
False. Congress does not have the power to create the US Supreme Court. |
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T or F? Congress has to the power to prescribe the procedure and subject matter of all federal courts. |
True. |
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What does the Rules Enabling Act granted by Congress allow for? |
Grants the US Supreme Court civil rule-making power to adopt and amend the Federal Rules of Civil Procedure and the Federal Rules of Evidence. |
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Are all federal courts considered courts of limited jurisdiction? |
Yes. All federal courts are courts of limited jurisdiction limited by Article III of the Constitution and limited by Congress. |
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What type of cases can federal courts hear? |
Federal courts can hear only those type of cases that congress has authorized by statute. |
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T or F? The US Supreme Court is the only federal court expressly created in Article III of the Constitution. |
True. "There shall be one Supreme Court." |
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What does the procedure for appeals to the Supreme Court include? (3 items) |
The size of the court, the time it meets, and where it sits. |
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T or F? Congress is given the authority by the constitution to create all other federal courts as well as the procedures for those courts. |
True. |
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What Article III judges serve for life and never experience a decrease in salary? |
Supreme Court, circuit court of appeals, and federal district court judges. |
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Which judges experience a tenure of 14 years and are appointed by the federal circuit where the bankruptcy court sits? |
administrative law judges and bankruptcy judges |
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How many circuit court of appeals are there? |
13 |
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Of the 13 circuit court of appeals, where do they sit? |
They are the intermediate federal appellate courts between the district court and the US Supreme Court. |
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How many district courts are there? |
91. |
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T or F? There are 91 district courts with at least one district in each state, but some states have 4 district courts. |
True. |
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Do district courts have original jurisdiction to hear federal claims? |
Yes. |
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What are magistrate judges? |
Magistrate judges are salaried judicial officers appointed to 14 year terms by the district court. |
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How are magistrates useful? |
Magistrates free up a judge's time, allowing a judge to appoint a magistrate to handle non-dispositive pre-trial matters such as pre-trial discovery issues, conferences, motions to add a claim or a 3rd part to the lawsuit and the district court judge will review the magistrate's decision and set it aside only if it is ' clearly erroneous'. |
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Is it possible for a judge to assign a magistrate to hear a dispositive matter? |
Yes. The dispositive manner may be a motion for summary judgement, a motion for judgement on the pleadings, a motion to certify a class action, or a motion to remand the matter to the state court. The court order by the magistrate is subject to de novo review by the district court. |
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When can the district court clerk assign all matters in a case to a magistrate, including a jury or non-jury trial? |
Upon consent of all parties. Any appeal of the magistrate's judgement goes to the circuit court of appeals. |
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If a magistrate cannot hold a contempt hearing, what can they do instead? |
The magistrate must forward the facts involving a possible contempt to the district court judge who then conducts the contempt hearing. |
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May a federal district court judge appoint a master to help handle a particular issue in a case? |
Yes. Masters frequently are appointed to gather facts for the judge. The master's report is subject to de novo review by the district court judge. Masters appointed by the court are compensated by the parties. |
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Article III of the Constitution gives the US Supreme Court what? |
Exclusive and original subject matter jurisdiction where one state sues another. For example, a boundary dispute between two states or an interstate water dispute. |
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May non-state parties intervene in the judicial proceedings between each state? |
Yes, but only with the Supreme Court's permission in order for that private party to protect their land or their water rights. |
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The Supreme Court has original, but not exclusive subject matter jurisdiction where? |
1. ambassadors of foreign countries are parties to the lawsuit, or
2. an action in which a state is a party. |
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Is is rare for the Supreme Court to accept the original, but not exclusive subject mater jurisdiction? |
Yes. It usually refers these matters to the federal district court. |
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What can Congress do to the Supreme Court's original subject matter jurisdiction? |
Congress cannot add to or delete, but it can limit and regulate the court's appellate jurisdiction. It can remove whole classes of cases from federal appellate jurisdiction. Technically, it could eliminate appeals of bussing of children, school prayer, or abortion cases and has eliminated appeals when closing military bases and appeals to the US Supreme Court on repetitive habeas corpus petitions. |
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What does the Constitution expressly prohibit as it comes to state courts of general jurisdiction? |
From refusing to entertain a federal claim simply because the suit is brought under federal law. |
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What clause in the US Constitution specifically states that state judges are bound to enforce federal law? |
The Supremacy Clause. |
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State courts are presumed competent to adjudicate federal claims when? |
Absent an act of congress that provides for exclusive subject matter jurisdiction in the lower federal courts. |
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When are appeals from the highest state court of federal court involving CAT federal issues taken to the US Supreme Court? |
By congressional statute. CAT federal issues are taken to the US Supreme Court by certiore (by permission) and under the 'rule of four', a vote of 4 justices is needed to grate certiore. |
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What does a denial of cert indicate? |
That no position by the court on the merits of the case. |
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When may appeals 'as of right' to the US Supreme Court be taken? |
From a 3 judge district court opinion in cases involving the constitutionality of state or congressional redistricting or issues of discrimination under a federal civil rights law. |
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The US Supreme Court will not review a state court decision until it is final. If the case appealed does not involve CAT, the the Supreme Court will summarily dismiss the appeal because of the absence of a federal question and the Constitution prohibits such a suit in any federal court. What does CAT stand for? |
C = The US Constitution
A = A congressional act
T= A treaty with a foreign nation |
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What must states provide in independent and adequate state grounds for a judgement? |
At a minimum, the same constitutional rights guaranteed by the federal constitution, but states can provide even greater constitutional protections. |
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When will the Supreme Court decline to hear the appeal from the state's highest court? |
Under the doctrine of independent and adequate state grounds, if the state court's final judgement rests on both state and federal grounds, but that judgement can be upheld by an adequate basis of state law that is more protective of citizens' rights and it is independent of any federal law. |
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When is a state ground 'adequate'? |
Where the state judgement would be upheld even if the federal ground in the state court's opinion was reversed by the Supreme Court. This arises where the state constitution is more protective of citizens' rights than under federal law. This doctrine prevents the Supreme Court from issuing an advisory opinion on federal law. |
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What will the Supreme Court presume if the state court's decision refers to both state and federal law (e.g. federal constitution, federal cases, or federal statutes) and opinion was not clearly states which law was relied upon by the state court? |
The Supreme Court will presume that the federal law is the sole basis of the state court's decision and will entertain the appeal. |
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How should the state court go about avoiding presumption? |
The state court's opinion should include a clear statement that any federal cases, statutes, or the US Constitution did not control the court's decision. This unequivocal repudiation of any reliance on federal law would prevent the Supreme Court from hearing that appeal. |
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A plaintiff cannot do what because of federal courts having limited subject matter jurisdiction? |
A plaintiff cannot automatically commence a civil action in a federal court. A judgement without subject matter jurisdiction is void and this defense is never waived and can be raised at any time (much different from waving procedural jurisdiction). |
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Which two types of federal court cases can be heard due to the limitations as set by Article III of the Constitution and Congress? |
1. diversity jurisdiction cases involving purely a question of state law, but where the parties are from different states and the amount the plaintiff is seeking exceeds $75,000, OR 2. federal question cases aka 'arising under' jurisdiction which requires a case or controversy that is dependent on a constitution of CAT |
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Federal question claims involve what? (9 items) |
1. The US as a plaintiff or a defendant 2. a claim involving the federal securities law 3. the US Post Office 4. patent, trademark, or copyright claims 5. Internal Revenue Service claims 6. claims involving foreign countries 7. bankruptcy matters 8. antitrust matters 9. admiralty and maritime claims where there is no jury trial, but under the Savings to Suitor Clause, a plaintiff may pursue a common law in either the state court or the federal court. Regardless of where the claim is commenced, it is basically an in rem action limited by the value of the vessel unless the vessel owner was aware of the danger and continued to use the vessel, which will waive the limitation of liability |
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What else must the plaintiff establish when entering a federal court with a CAT federal question? |
That she has a justiciable claim |
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When do issues of justiciability most frequently arise? |
In federal claims challenging governmental action |
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SCRAM applies in state courts to claims challenging state action, except when? |
In the abstention doctrine. |
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What is SCRAM? |
An objection with the exception to the preservation rule in evidence. |
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When can SCRAM be raised? |
At any time during the litigation even for the first time on an appeal because if SCRAM is deficient and the claim is not justiciable, the the federal court lacks subject matter jurisdiction and it would violate the constitution to hear such a claim |
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What does the S stand for in SCRAM? |
Standing. Arises out of the separation of powers doctrine to prevent the judiciary from usurping the power of the political branches. Focuses on whether the plaintiff is the proper person to bring the suit and requires plaintiff to allege concrete injury traceable to the government's conduct. Injury must be distinct from rest of public. Congress cannot grant automatic standing because this would violate the separation of powers doctrine. Generally, US taxpayers lack standing to contest federal spending because personal injury cannot be displayed. |
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What does the C stand for in SCRAM? |
Case or Controversy. A cause of action involving a real issue which is not collusive, hypothetical, academic, or moot. Article III prohibits federal courts from giving advisory opinions. |
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What does the R stand for in SCRAM? |
Ripeness. A constitutional prerequisite to the exercise of subject matter jurisdiction. Focuses on whether it's too early for court to hear the case. Arises when plaintiff's suit is premature because injury has not yet occurred. |
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Ripeness avoids judicial entanglement in which four abstract disagreements over the policies of administrative agencies? |
Those which presently do not 1. command anyone to do anything 2. prevent anyone from doing something 3. revoke a right 4. subject anyone to civil or criminal liability |
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May a plaintiff sue the government to prevent policy change (think ripeness under SCRAM)? |
No. |
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What does the M stand for in SCRAM? |
Mootness Doctrine. The law of mootness seeks to prevent a plaintiff from asserting a claim too late when she no longer has a personal stake in the outcome because of changed circumstances. A plaintiff must have standing at the start of the action and throughout all stages of the proceeding including the appeal. |
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What are the 3 discretionary exceptions to the mootness doctrine? |
VCR |
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What does the V stand for in VCR? |
Defendant has voluntarily, but not necessarily permanently changed its conduct. This change will not render case moot if there is a substantial likelihood that the defendant may resume its former conduct. |
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What does the C stand for in VCR? |
In a class action, even though the plaintiff's case has become moot if at least one other member of the class continues to have a case with controversy, then the class action is not rendered moot. |
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What does the R stand for in VCR? |
'Capable of Repetition Doctrine'. Applies in federal courts only where there exists a reasonable expectation that the same plaintiff will be subjected to the same injury again, but because of the time factor, the issue evades appellate review. |
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What is the abstention doctrine? |
When a statute hasn't been reviewed by the state's highest court and the law is susceptible to a state judicial interpretation. The Supreme Court has held that certification is the favorable alternative to abstention. |
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When can a request for the NY's court of appeals to certify a question of law occur? |
Under NY law where the highest court of a sister state, a US federal circuit court, or the US Supreme Court (but not a federal district court) is required to interpret the NY unsettled law on which there is no controlling precedent. NY's Court of Appeals is not required to accept the certified question. |
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When should a federal court not invoke the abstention doctrine? |
A. If the state's highest court has declined to certify the issue
B. If there will be a long delay before a state court's interpretation is rendered OR C. where there is no ambiguity in the statute |
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Why should all federal courts abstain from intervening in a pending state, criminal, or quasi criminal civil or administrative action? |
Based upon comity, federalism, and equity. |
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What does the Younger abstention doctrine prevent? |
Federal courts from hearing cases on which they would otherwise have subject matter jurisdiction if it would interfere with a criminal or quasi-criminal adjudication. |
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Where is Younger applicable? |
1. there is a pending state proceeding 2. it implicates an important state interest AND 3. the state procedure gives the federal court plaintiff an adequate opportunity for judicial review of the federal constitutional claim |
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In 2013, the Supreme Court limited the Younger doctrine to what 3 types of state proceedings? |
1. state criminal proceedings. 2. quasi criminal civil enforcement proceedings involving allegations of wrongdoing. 3. a civil proceeding that furthers the state court's ability to perform its judicial function. |
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Can a party that lost in a state court proceeding seek judicial review in the federal district court? |
No. Federal district courts can only exercise original jurisdiction and not appellate jurisdiction. Also, federal courts must give full faith and credit to state court judgments. Congress has empowered only the US Supreme Court to exercise federal appellate jurisdiction to reverse or modify a state court judgement and only in an appeal from the state's highest court. |
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Once the SCRAM elements are satisfied, the court looks for what 2 things in the case? |
1. a CAT federal question OR 2. diversity jurisdiction |
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T or F? Both the constitution and a federal statute provide for diversity jurisdiction? |
True, but the constitution does not mandate its availability and the Supreme Court has held that because congress could technically abolish all lower federal courts, it impliedly could eliminate diversity jurisdiction. |
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What does diversity jurisdiction authorize? |
Federal courts to hear state controversies between US citizens of different states. It permits a plaintiff to enter a federal court with a non-federal issue having nothing to do with CAT. No plaintiff can reside in the same state as a defendant and the amount of the controversy must exceed $75,000 including amounts sought by the plaintiff for punitive damages and attorney's fees, but not considering recovery of interest on the judgement or court imposed costs. |
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If the monetary amount that the plaintiff is seeking is not included in the plaintiff's complaint, what can the defendant do? |
Remove the action from the state court to the federal court based on diversity jurisdiction by alleging in good faith that the damages exceed $75,000. |
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Federal courts have generally exercises a policy of abstention in what? |
1. claims of divorce, alimony, child support, or child custody. 2. probate matters. 3. real property disputes which depend on purely local issues. |
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How does 'citizenship' differ from residency? |
To be a citizen of a state, an individual must be domiciled in that state. If a US citizen lacks citizenship in any US state, then his presence in the lawsuit will defeat diversity jurisdiction. |
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Is a state considered a 'citizen'? |
No, for purposes of diversity jurisdiction. |
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Is the citizenship of a legal representative considered when determining diversity jurisdiction? |
No. |
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When does a foreign country corporation or a US corporation have dual citizenships? |
1. where it was incorporated. OR 2. the state of its principal state of business, which is its headquarters where its high level officers control and coordinate corporate affairs. |
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Artificial entities take on the citizenship of what? |
It's members, this includes LLCs, partnerships, or labor unions. |
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What is an alien? |
A citizen of another country. |
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T or F? An immigrant lawfully admitted to the US for permanent residence is deemed a citizen of the state in which the immigrant is domiciled. |
True. |
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Can a green card permanent immigrant resident of one state sue a US citizen of another state? |
Yes. Diversity jurisdiction exits. |
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Can a permanent resident immigrant of one state sue another permanent resident immigrant of another state? |
No. Diversity jurisdiction does not arise because DJ requires an American citizen on at least one side of the controversy. |
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Can a permanent resident immigrant residing in state A sue a US citizen domiciled in state A? |
No, because the plaintiff is considered a citizen of the state where he is residing and therefore there is no complete diversity jurisdiction. |
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What is PIPS? |
P = privileges
I = incompetency of witnesses
P = presumptions
S = statute of limitations (s/l) |
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What does the Erie Doctrine's Outcome Determinative Test cover? |
Where there exists a conflict between federal and state law, then federal courts apply substantive law in both diversity jurisdiction cases as well as in supplemental jurisdiction claims. |
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In a claim involving diversity jurisdiction or supplemental jurisdiction, the NY Federal Court would apply what? |
1. In a tort claim, it would structure judgments by ordering #1 to include all past damages and $250,000 of future damages and #2, all future damages suffered by the plaintiff. 2. CPLR Article 16's limitation on plaintiff's right to assert joint and several liability against tortfeasors for non-economic losses OR 3. The federal court would apply the NY role as to whether the amount deviated materially from what would be reasonable compensation. |
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What does supplemental jurisdiction provide? |
In the name of judicial economy and common, it gives federal court judges discretion to hear an entire controversy with all of the involved parties and all related claims once it has subject matter jurisdiction over the original claim. |
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When may the federal court adjudicate claims under supplemental jurisdiction? |
When a plaintiff sues on a federal CAT claim, and the named defendant impleads, counterclaims, or cross-claims with a related state claim, and there is not diversity jurisdiction on that claim. |
