Judicial Review 1
Judicial Review 1
Judicial Review: A federal court may hear a case only if it involves a case or controversy under Article III on the constitution Article III of the Constitution establishes Federal courts
Original Jurisdiction of the Supreme Court (Multiple Choice) The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers and Consuls, and those in which a State is a party
Appellate Jurisdiction of the Supreme Court The Supreme Court has appellate jurisdiction in all other cases, with exceptions and regulations as Congress shall make
Ways to Appeal to the Supreme Court (Multiple Choice) Two Ways: (1) Mandatory Appeal as of right only from decisions of three-judge federal courts; and (2) Discretionary Appeal, in all other cases arising in lower federal courts, as well as all cases arising in state court (Writ of certiorari)
Supreme Courts power of Judicial Review Marbury v. Madison: Established the power of judicial review over the Executive and Legislative branches of the federal government As long as a federal question is present, the Court may review civil and criminal cases from state courts
1 of 4
(2) Political Questions that are Too hot to handle Lack of Judicially discoverable or manageable standards Need for an initial policy decision by another branch Deference for decisions of another branch Need to adhere to political decision already made Potential embarrassment from multiple pronouncements
Qualifications Clauses o Neither Congress nor a state may add requirements to the list of qualifications for members of Congress contained in the Constitution
2 of 4
Adequate and Independent State Grounds o If the state court decision is solely based on state law, and the U.S. Supreme Court cannot change the result, it will not take the case (1) Has the highest appellate court of a state ruled on the case? (2) Does the case involve questions of both federal and state law? (3) Can the Supreme Court change the result of the case by ruling on the federal question?
o State Constitution confers greater protection than the Federal Constitution? This is a frequent scenario in the adequate and independent state grounds area because the Supreme Court cannot change the result in the case
Ripeness: Has anyone suffered actual or threatened harm as a result of government action?
Standing: Has the plaintiff suffered an actual or threatened injury as a result of government action?
Mootness: A case or controversy must exist throughout the entire litigation process Exceptions to Mootness (Multiple Choice) Capable of Repetition, Yet evading review Voluntary cessation of illegal activity Collateral Consequences 3 of 4
Necessary and Proper Clause: o Congress has the power to pass laws for itself or any other branch or officer of the federal government. Congress may choose any reasonable means to carry out some power of government. The Necessary and Proper Clause cannot be used itself as a source of power.
END OF DOCUMENT.
4 of 4