Power of Judicial Review
Justiciability Doctrines
Power to Review State Actions
Limits and Scope
Advisory Opinion
100


Judiciary has the power to say whether legislative or executive action is unconstitutional.

What is ruling of Marbury v. Madison?

100

Injury in fact: The party must suffer a concrete, actual, or imminent harm—not a hypothetical or speculative worry.

Causation: The injury must be fairly traceable to the conduct or action of the defendant. 

Redressability: A favorable court ruling or remedy must be likely to fix or relieve the injury.

What is standing?


 

100

the supreme court has power to review state court rulings on federal question

What is Martin v. Huntter Lesse?

100

a clause that prevents retroactive criminal laws. ex: charging on someone for a crime even though it was legal when it was committed or changing rule of evidence

What is Ex Post Facto?

100

 courts cannot issue this

What is advisory opinion?

200

Congress has the discretion of power over federal judiciary structure.  

 What is Stuart V. Laird?

200
must show that a favorable court decision will remedy the injury. 

What is Redress ability?

200

To ensure uniform interperation of federal law

What is the purpose of viewing state rulings on Federal Law?

200

State officals are bound by the SC interpretation of the constitution. 

What is Cooper V. Aaron?

200

(A) Actual Dispute 

(B) substantial likelihood that a judicial decision will affect the parties rights

What is requirement for courts to issue opinion?

300

the process by which the courts decide whether actions of government officials comply with the constitution.

What is Judicial Review?

300

Ensuring that courts only hear cases involving actual controversies. a. plaintiff is already harmed b. plaintiff must be faced with specific present objective harm c. must be under a threat if specific harm.

What is Ripeness?

300

power to review state criminal proceedings if defendant claims constitutional violation even if state court is the final authority on state law

What is Cohen v. Virginia?

300

if the state decision rests on Federal Law or is interwoven with fed law then congress..

What is assumption of Jurisdiction to review case?

400

Unconstitutional expansion of original jurisdiction.

The Judiciary Act of 1789. 

400

if events occur after the case has begun to eliminate plaintiff's stake in controversey

What is mootness?

400

1. Highest court has made decision (2) decision implicates federal law

What are the two requirements for SCOTUS review of a state court judgment?

400

State decision must clearly express it rests on adequate and independent state law ground. 

What is clear statement rule?

500

1. Collateral Consequences

2. Voluntary Consequences

3. Capable of Repetition, yet Evading Review

Exceptions to Mootness

500

Adequate: state law ground must be enough it's self to decide entire case

Independent: must not be intertwined with federal law

What is Adequate and Independent Doctrine?