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12 Cards in this Set
- Front
- Back
Judicial Review - Organizations of the Courts in the Federal System - Federal Court System |
Article III, Section 2 limits the jurisdiction of federal courts to: Law-Based Federal Jurisdiction:
Party-Based Federal Jurisdiction:
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Judicial Review - Organizations of the Courts in the Federal System - 11th Amendment |
States that private individuals can't sue states for money damages, based on state sovereign immunity. Exceptions to the 11th Amendment:
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Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - Case or Controversy |
Article III, Section 2 limits the jurisdiction of federal courts to cases and controversies. Mnemonic: RAMPS |
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Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS |
RAMPS =
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Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Ripeness |
"You sued too soon". It is necessary for a party to have an injury! Advisory opinions are impermissible. |
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Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Abstention |
Means to "provide deference to state courts"
Adequate and Independent State Grounds:
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Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Mootness |
"You sued too late". The dispute is over.
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Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Political Questions |
Federal courts cannot hear cases involving political questions.
Two primary factors in determining if there is a political question:
Examples of political questions:
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Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Standing |
Article III requires a person litigating a constitutional question to show:
Examples of individuals who lack standing:
Exception - Establishment Clause Laws |
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Judicial Review - Organizations of the Courts in the Federal System - Other Limitations on Jurisdiction of the Federal Courts - RAMPS - Standing Cont. |
Specialized Problems of Standing - Third Parties:
An organization has standing to assert the claims of its members if:
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Judicial Review - Organizations of the Courts in the Federal System - The United States Supreme Court - Jurisdiction |
Article III, Section 2 provides the Supreme Court with original jurisdiction in:
Appellate Jurisdiction - exists where the federal constitution or a federal law are at issue. |
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Judicial Review - Organizations of the Courts in the Federal System - The United States Supreme Court - Congress' Power Over the Courts |
With Lower Federal Courts:
With the Supreme Court:
Congress cannot however:
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