Term
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Definition
| States, arms of state or official can be sued to have a statute declared unconst. |
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Term
| Are counties and their official arms of the states? |
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Definition
| No unless enforcing law or regulation |
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Term
| How can sovereign immunity be waived? |
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Definition
1. Express statue creating a state subjection it to a federal forum
2. accepting federal money
3. conduct |
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Term
| What does Ex Parte Young have to do with sovereign immunity? |
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Definition
A plaintiff can se for an injuction or a declaratory judgment against state officials if both:
1. No ongoing state proceedings
2. State Official violating federal law.
Illegal under fed law or const vioaltion |
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Term
| What does Pennhurst means Ex Part Young |
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Definition
| Bars a federal ct under the 11th amdt from relying on Ex Parte Young to enjoy state official's action a STATE offcials action on STATE law. |
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Term
| What are the factors for the case or contraversy requirement? |
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Definition
1. Injury in fact
2. Traceability
3. Redressability |
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Term
| How is state citizenship for people determined? |
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Definition
Need 2 things:
1. Domicile or Physical present and
2. intent to remain indef in the state |
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Term
| injunctive relief is generally not subject... |
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Definition
| to Eleventh Amendment restrictions, these only apply when there is a claim for money damages or the equivalent. |
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Term
| Can Congress amend a law while a case is pending? |
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Definition
Congress can amend a law while a case is pending as long as it does so in an across the board generally applicable manner, and if so the court must apply the law as amended not the law when the case was filed.
-Can't single out a specific case |
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Term
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Definition
A doctrine that prevents the pre-enfrocement ajudciation of an issue
ex. poisonous toadstool |
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Term
| What are the types of absention doctrines? |
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Definition
Pullman absentention
Burford Absention
Younger Absention |
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Term
| What is pullman abstention? |
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Definition
Require fed cts to abstain from the exercise of jx in a case where P bring a dec cts suit to enjoin the enforcment of a state of local state and the following are met:
1. P claims is based on fed const ground
2. there is a threshold of unclear state law in the suit whose resolution could rended the fed cts decision on the const. question uncessary |
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Term
| What is Burford abstention? |
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Definition
Requies a fed ct to abstain from teh exercise of jx in casse where th P seeks an injuction or declaratory judgment in a suit that would require fed ct to review state admins decision making and fact finding in frield traditionally allocated to states.
"complex issues of state law" |
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Term
| What is Younger Absentention? |
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Definition
Requires fed cts abstain from jx in a case where the P seeks injuctive relief agains ongoing state criminal proceedings
Exception for extrordinary circumstance
Necessary if P is seeking prospective relief. |
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Term
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Definition
| abstention avoids friction between the federal and state courts,5 reduces the likelihood that a federal court will make an erroneous interpretation of state law,6 and may avoid unnecessary constitutional rulings. |
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Term
| What is Thibodaux Absentention? |
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Definition
| abstention requires the federal court to yield jurisdiction in diversity cases involving certain kinds of important issues of unclear state law. |
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Term
| What is Coloroado River Absentention? |
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Definition
| When there are issues of parallel or duplicaive state and federal regulation |
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Term
| Can a court issue and injunction prevent the future prosecution under a law? |
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Definition
| Yes, under Doran (topless bar case) upheld a prelimiary injunction on threaten prosecution |
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Term
| What is an exception circumstance to get around the abstention doctrine? |
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Definition
“a clear showing that an injunction is necessary in order to afford adequate protection of constitutional rights."
- Wooley v. Maynard, where the D gets prosecuted 5 time in 3 weeks and in between proceedings files a federal court injuction |
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Term
| How is Mitchum an exception to the Anti-Injunction Act? |
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Definition
Mitchum says that there is an exception to the Anti-Injunction Act if you have a 1983 claim
If no pending prosecution, then according to Steffel
v. Thompson you may be able to try your 1983 claim in federal court. |
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Term
| What is the basis for the Younger Doctrine |
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Definition
| equity jurisprudence and comity, not the anti-injunction act |
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Term
| What is the Anti-Injunction Act? |
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Definition
Provides that a fed ct may not grant an injuction to stay proceedings in a state court except
(1) as expressly authorized by federal law
(2) when necessary in aid of jx
(3) to protect or carry out its judgments |
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Term
| Was is the purpose of 1983? |
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Definition
| to interpose the fed cts between the states and the people, as guardians of the people's federal rights to protect the pople from unconst action under color of state law. |
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Term
| When looking for an exception to a Abstention and Anti-Injuction? What should you use? |
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Definition
Mitchum - Allows 1983 actions
Ex Parte Young |
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Term
| Final Judgment have the effect of... |
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Definition
| res judciata and Cong cannot reopen to them to get a different result |
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Term
| What does the greater include the less refer to? |
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Definition
Disposal of jx for lower fed. cts beglons to Cong. Cong has the power to set up tribunals, whihc meant they have the power to determine their jurisidiction.
o In other words, Congress’s “greater” power to abolish the lower federal courts is widely thought logically to include the “lesser” power to limit the kinds or amount of cases that they can hear.
Sheldon v. Sill |
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Term
| How does an Art I court get around due process concerns? |
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Definition
| Under Battaglia, due process concerns are served where there is a least some forum to adjucicate them |
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Term
| Can a public right (dispute bwtn government and private citizens be heard by an Art I court? |
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Definition
| Under Public Rights Doctrine, many disputes b/w gov and private citizens are decided, at least initially, b/w admin agencies or Art I crts. |
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Term
| Why was the bankruptcy court in Northern Pipeline not qualified to be an adjunct to a district court? |
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Definition
| The bankruptcy act vested all essentail attributes of the judicial power of U.S. in the adjuct bankrupsty courts. |
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Term
| What was the result of Northern Pipeline? |
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Definition
| Congress attempted to set up bankruptcy courts as adjuncts to the District (Art. III) courts, and make a distinction between "core" or public rights issues and non-core, or plenary proceedings with the latter requiring de novo review by the Art. III judge. |
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Term
Test from the dissent of Northern Pipeline/majority in Schor?
FCAR? |
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Definition
1. Is there an attempt by Cong. to aggrandize or dictate the outcome of litigation?
a. When a leg crt is designed to deal with issues likely to be of little interest to the political branches, there is no fear that Cong has created such tribunals to aggrandize its powers.
2. Is there a demonstrated need for non-Art III judge?
a. For the sake of flexibility, Cong understandably did not want to crate several hundred bankruptcy judges with life tenure.
3. Availability of appellate review?
a. The existence of appellate review by Art II is sufficient for the cosnt. of bankruptcy. |
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Term
| Can Art I court hear private disputes? |
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Definition
| Yes, under Thomas v. Union Carbide private law disputes that are closely related to government regulatory provrams may be heard by Art I court. |
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Term
| Things that make an Art I court look more Constitutional? |
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Definition
| 1. If a DCt has de novo review of the issue of law 2. Art III court has sole ability to enfroce the order of the non-ArtIII tribunal 3. The cases origniate in federal law and does not supplante state common law remedies |
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Term
| How is corporate citizenship determined? |
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Definition
SCOTUS uses the "nerve center" test to deter a croporation s's citizenship
Becasue the corp headquarters is in a state will lead to the state being a citizen there.
Strawbridgev. Curtis |
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Term
| Can Congress limited the and regulate SCOTUS and the lower federal courts? |
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Definition
Yes, there is a limite to SCOTUS under Art III section 2 exceptions clause.
There is a power to limited the lower courts from Art III, section "ordain and establish" because the greater power includes the lesser. |
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Term
| Must every citizen in a class acton claim meet the amount in controversy requirement? |
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Definition
| No, the the amount in controversy does not have to be met for plaintiff seeking to be joined under rule 19 or rule 24. |
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Term
| What happens if A sues B in federal court then B sues A in state court, should the court issue an injuction? |
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Definition
No, unless there is some sort of res involved, it would not fall under the necessary in aid of jx exception for the AIA. There is no evidence of a res involved in this hypo. C
This would probably just be a race to judgment and the frist to there would have a preclusive effect on the other. |
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Term
| Can divorce and child support claims be brought in fed ct? |
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Definition
| No, divorce and child support claim cannot be heard in fed ct. bc there is no jx on 1331 or art 3. As far as dviersity, there is no way to satisfy the amount in contrversy. if the reimbursement for the trust fund meets the amount in controversy requirement then it can be brought, if there is diversity. |
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Term
| What is the probate exception? |
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Definition
A federal ct can’t probate a will but it does not apply to in personam tort claims, even if these might arguable be within the juridicition of a state probate court. A federal ct which has bankruptcy or diversity jx can decide such claims
Bases on the need for 1 ct to reliquish jx to another when there is an issue of real prop. but does not act as a bat to hearing those matters. |
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Term
| What are the exceptions to the anti-injunction act? |
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Definition
1) there is express authorization by congress
(2) in aid of jx exception
(3)to effect or effucate judgments and
the judge made ex parte young exception for irepparable injury. |
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Term
| What is the well-pleaded complain rule? |
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Definition
if there is a const claim on the face of their comlaint and request a remedy under federal law, there is a fed question jx
P can artfully plead to bring themselves into federal court or to take themselves out. |
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Term
| Exception to the Younger abstention doctrine |
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Definition
bad faith
harassing prosecution or
other unsual circumstances. |
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Term
| What is a chilling effect and is it enough to get an injuction? |
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Definition
| A chilling effect is when a statute's vagneuss or over breadth is not sufficeient to justify a substantial departure o the posicies regarding when injuction is avaiblable as an equitabel relief. |
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Term
| What happens if a state court files proceedings after the claim has already been filed in state ct? |
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Definition
| In Hicks the supreme court found that if state cirminal proceedings began before federal proceedins were “substantially complete” then it acted as reverse removoal and the fed ct cannot hear the claims under Younger. |
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Term
| In deciding whether in imply a private remedy of some provision of the Bill of Rights a def ct will consider Cong legisilation which grants some sort of remdey if that legistilation does no refer specifically to a constitional right? |
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Definition
| This is true, the court in deciding whether they need to fahsion a judical remedy to affored someone relief for a vioaltion of thei const rights, the could will consider whether thei si an effective remdy already in place. |
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Term
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Definition
| When P files in fed ct and then the state brings proceedings. The state can effectivly do a reverse removal under Hicks v Miranda, if the fed ct has not begun proceedings on the merit. |
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Term
| Has SCOTUS interpreted the 11th amendment more broadly then the text of the amendment? |
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Definition
Yes, the 11th amendment has been interpreseted more baodly then its text. Soverign immunity now includes state arm, the state and state officals.
Hans v. LA - the ct found that the 11th amendemn barred suits aginst states by citizens of that state. |
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Term
| Is there a Bivens action aginist the government? |
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Definition
No under Wilkie
The Court declined to extend the availability of Bivens actions to cases of retaliation for the exercise of the right to exclude the government from one's property. The Court noted that Robbins had other administrative and judicial remedies for the government's various violations, though it acknowledged that these amounted to a difficult-to-use "patchwork." |
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Term
| What is an implied cause of action? |
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Definition
| Federal courts do have the power to award damages (a private right of action in the form of monetary damages) for violation of 'constitutionally protected interests' |
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Term
| Does every claimiant in a civil action have to meet the amt in controversy? |
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Definition
| As long as one plaintiff’s claim satisfies the minimum amount-in-controversy requirement, the court may exercise jurisdiction over additional plaintiff’s case that fall short of the requirement, when all claims arise from the same case or controversy. |
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Term
| When can fed cts decline jx? |
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Definition
1. Novel or complex issue of state law
2. state law claims predominates
3. dist court has dismissed all claims over which it has orignial jx
4. compelling reasons |
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Term
| Do you need a US party on either side of the dispute? What if there is collusion? |
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Definition
You need a US party on one side of the dispute
A collusive assignment may not be used to create diversity of citizenship. The court reasoned that if federal jurisdiction could be created by assignments of this kind a vast quantity of ordinary contract and tort litigation could be channeled into federal courts. Section 1359 was enacted to prevent the manufacture of federal jurisdiction. |
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Term
| Can a federal employee sue for damages for the violation of const rights where Congress has provided a remedial scheme, although one which does not fully compensate the employee for the harm suffered? |
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Definition
Bush v. Lucas
No; not under the CSC regulations. The federal judiciary, pursuant to its common law authority, has the power to recognize new causes of action in absence of, or to supplement, statutory remedies unless Congress has expressly indicated its relief is to be exclusive. |
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Term
| What is the Rocker-Feldman doctrine? |
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Definition
| A form of abstention that deems that federal courts lack jurisdiction to hear cases already fully decided in state courts. The doctrine is not a judicially created exception to federal jurisdiction. Rather, the Rooker and Feldman cases simply recognized the fact that Congress has not granted the federal district or appeals courts statutory jurisdiction to consider appeals of state court decisions |
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Term
| What is the rule of Hicks v. Miranda? |
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Definition
| judgment if a state prosecution is commenced BEFORE the federal court procedures are substantially completed (before proceedings on the substance of the merits). |
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