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1What is the United States Constitution?
What is the United States Constitution?2What is judicial review?
What is judicial review?3In which courts does Article III of the U.S. Constitution vest judicial power?
In which courts does Article III of the U.S. Constitution vest judicial power?4Does the U.S. Constitution expressly reference any United States circuit and district courts?
Does the U.S. Constitution expressly reference any United States circuit and district courts?5In general, can the U.S. Supreme Court review a decision by a state’s highest court involving a question of federal law?
In general, can the U.S. Supreme Court review a decision by a state’s highest court involving a question of federal law?6In general, can a state court hear and decide upon questions of federal law?
In general, can a state court hear and decide upon questions of federal law?7Can a federal court enjoin ongoing state-court criminal proceedings?
Can a federal court enjoin ongoing state-court criminal proceedings?8A woman was accused of a crime, and criminal proceedings began in state court. However, the woman filed a civil complaint in federal district court...
A woman was accused of a crime, and criminal proceedings began in state court. However, the woman filed a civil complaint in federal district court claiming that the state criminal statute under which she was being prosecuted violated the First Amendment. The state filed a motion to dismiss the federal complaint, arguing that principles of federalism meant that the woman should have asserted her federal constitutional claim in the state-court criminal action. Is the state correct?9Under what three circumstances can a federal court enjoin ongoing state-court civil proceedings?
Under what three circumstances can a federal court enjoin ongoing state-court civil proceedings?10In the context of the federal judiciary, what is jurisdiction?
In the context of the federal judiciary, what is jurisdiction?11Does Article III of the U.S. Constitution name cases arising under the Constitution, U.S. law, and treaties as within the scope of the judicial bra...
Does Article III of the U.S. Constitution name cases arising under the Constitution, U.S. law, and treaties as within the scope of the judicial branch’s jurisdiction?12What is original jurisdiction?
What is original jurisdiction?13What is appellate jurisdiction?
What is appellate jurisdiction?14Can Congress expand the original jurisdiction of the U.S. Supreme Court?
Can Congress expand the original jurisdiction of the U.S. Supreme Court?15Can Congress prohibit the U.S. Supreme Court from reviewing decisions of the lower federal courts?
Can Congress prohibit the U.S. Supreme Court from reviewing decisions of the lower federal courts?16What is the source of Congress’s power to expand or limit the U.S. Supreme Court’s appellate jurisdiction?
What is the source of Congress’s power to expand or limit the U.S. Supreme Court’s appellate jurisdiction?17Congress enacted a law changing the size of the U.S. Supreme Court from nine justices to 11 justices. Under the new organization, the U.S. Supreme ...
Congress enacted a law changing the size of the U.S. Supreme Court from nine justices to 11 justices. Under the new organization, the U.S. Supreme Court would have a chief justice and 10 associate justices.Is the statute constitutional?18Do constitutional limits exist on Congress’s power to restrict the lower federal courts’ jurisdiction?
Do constitutional limits exist on Congress’s power to restrict the lower federal courts’ jurisdiction?19Can Congress limit the scope of the lower federal courts’ jurisdiction to hear certain types of cases?
Can Congress limit the scope of the lower federal courts’ jurisdiction to hear certain types of cases?20Does Congress’s constitutional authority to create or abolish lower federal courts include the authority to reorganize the lower federal courts?
Does Congress’s constitutional authority to create or abolish lower federal courts include the authority to reorganize the lower federal courts?21Can Congress make state courts responsible for hearing claims brought under a federal statute?
Can Congress make state courts responsible for hearing claims brought under a federal statute?22Can Congress give a non-Article III judge or tribunal the ability to exercise the final judicial power of the United States?
Can Congress give a non-Article III judge or tribunal the ability to exercise the final judicial power of the United States?23What are the three types of cases and controversies that Congress can give exclusively to non-Article III tribunals to decide?
What are the three types of cases and controversies that Congress can give exclusively to non-Article III tribunals to decide?24Congress enacted a statute that allowed military veterans to sue the federal government over disputes involving their military pensions. The statut...
Congress enacted a statute that allowed military veterans to sue the federal government over disputes involving their military pensions. The statute gave the federal district courts jurisdiction over these pension claims and made federal district courts the venue in which to bring these claims. If the plaintiff prevailed, the statute provided that the federal government could ask the Secretary of Veterans Affairs, an executive-branch officer, to review the federal court’s decision. Does Congress have constitutional authority to give final review of these judicial decisions to executive-branch officers?25Congress enacted a law stating that all cases involving military discipline would be tried before military tribunals and all ensuing appeals would ...
Congress enacted a law stating that all cases involving military discipline would be tried before military tribunals and all ensuing appeals would be heard solely by a new court of military appeals. Any ruling by the military court of appeals would be the final ruling in the matter. No other federal court could review the decisions of the military court of appeals. For this new court, judges would be nominated by the president and confirmed by the Senate and would serve 15-year, non-renewable terms. Because the judges did not serve for life, the new court was not an Article III court. Under the new law, an officer was court-martialed before a military tribunal and the new court of military appeals affirmed. The officer claimed that the new law was unconstitutional because it committed final review of the officer’s federal matter to a non-Article III court. Is the officer correct?26Can Congress authorize the voluntary litigation of common-law claims before non-Article III tribunals?
Can Congress authorize the voluntary litigation of common-law claims before non-Article III tribunals?27Can Congress withdraw jurisdiction over pending federal-court litigation to promote diplomatic or foreign-affairs objectives?
Can Congress withdraw jurisdiction over pending federal-court litigation to promote diplomatic or foreign-affairs objectives?28May Congress use its constitutional power to regulate the jurisdiction of the lower federal courts to dictate results or otherwise reopen final jud...
May Congress use its constitutional power to regulate the jurisdiction of the lower federal courts to dictate results or otherwise reopen final judgments?29The U.S. Supreme Court interpreted a securities-fraud statute as having a one-year time limit to file legal claims. To reject this interpretation, ...
The U.S. Supreme Court interpreted a securities-fraud statute as having a one-year time limit to file legal claims. To reject this interpretation, Congress later amended the statute to clearly extend the time limit for filing legal claims from one year to three years. The revised statute also expressly stated that the federal district courts have jurisdiction to hear and decide any claims previously heard and rejected under the one-year limitation period. Relying on the amended law, a plaintiff refiled an action that had been previously dismissed under the one-year time limit. The defendant moved to dismiss the new action, claiming that Congress lacked constitutional authority to enact a law reopening closed cases. Is the defendant correct?30What is sovereign immunity?
What is sovereign immunity?31Which two types of governmental entities can invoke Eleventh Amendment sovereign immunity?
Which two types of governmental entities can invoke Eleventh Amendment sovereign immunity?32Federal law allowed a federal commission to adopt and enforce regulations that ensured reasonable access to ports used for interstate and internati...
Federal law allowed a federal commission to adopt and enforce regulations that ensured reasonable access to ports used for interstate and international commerce. A shipping company asserted a port-facility operator violated one of these federal reasonable-access regulations. A separate federal regulation allowed the company to file an administrative complaint against the port operator for money damages. The shipping company sought access to port facilities owned and operated by a state port authority. However, the port authority refused to give the company access. The shipping company filed an administrative complaint with the federal commission regarding the port authority’s refusal. The state port authority claimed that the Eleventh Amendment barred the federal commission from requiring the port authority to appear and answer the complaint.Is the port authority correct?33Does the Eleventh Amendment make a state official immune from claims for prospective injunctive relief in federal cases?
Does the Eleventh Amendment make a state official immune from claims for prospective injunctive relief in federal cases?34Does the stripping doctrine allow a plaintiff to sue a state official to recover for damages from that state official’s personal assets?
Does the stripping doctrine allow a plaintiff to sue a state official to recover for damages from that state official’s personal assets?35Generally, what type of relief can a civil plaintiff seek when suing a non-consenting state government defendant?
Generally, what type of relief can a civil plaintiff seek when suing a non-consenting state government defendant?36Can Congress use its power to establish uniform bankruptcy laws to abrogate or eliminate state sovereign immunity under the Eleventh Amendment?
Can Congress use its power to establish uniform bankruptcy laws to abrogate or eliminate state sovereign immunity under the Eleventh Amendment?37Can Congress abrogate or eliminate the states’ sovereign immunity to enforce the rights granted in § 1 of the Fourteenth Amendment?
Can Congress abrogate or eliminate the states’ sovereign immunity to enforce the rights granted in § 1 of the Fourteenth Amendment?38Can Congress abrogate or eliminate state sovereign immunity using its power to regulate the national economy under the Commerce Clause?
Can Congress abrogate or eliminate state sovereign immunity using its power to regulate the national economy under the Commerce Clause?39Relying on the Copyright Clause, a power found in the original text of the U.S. Constitution, Congress enacted a law that authorized an award of mo...
Relying on the Copyright Clause, a power found in the original text of the U.S. Constitution, Congress enacted a law that authorized an award of money damages against any government entity that intentionally reproduced and distributed copyrighted materials without securing a license from the copyright holder. The statute expressly stated that Congress intended to abrogate or eliminate state sovereign immunity for this new cause of action. A publisher owned a copyright for textbooks. The publisher sued a state for copying and distributing these textbooks without the publisher’s permission. The state moved to dismiss the case, invoking the Eleventh Amendment.Is the statute invalid under the Eleventh Amendment?40What two requirements must a claim meet to be justiciable?
What two requirements must a claim meet to be justiciable?41Must the requirements of both jurisdiction and justiciability be met before a federal court may conduct judicial review?
Must the requirements of both jurisdiction and justiciability be met before a federal court may conduct judicial review?42What is an advisory opinion?
What is an advisory opinion?43What is standing?
What is standing?44What is Article III, or constitutional, standing?
What is Article III, or constitutional, standing?45What are the three elements of Article III standing needed to bring a case in federal court?
What are the three elements of Article III standing needed to bring a case in federal court?46For purposes of Article III standing, what is an injury-in-fact?
For purposes of Article III standing, what is an injury-in-fact?47The state legislature passed a bill that required all public-school teachers to lead their students in the Pledge of Allegiance. The governor consi...
The state legislature passed a bill that required all public-school teachers to lead their students in the Pledge of Allegiance. The governor considered whether to veto the bill. The state constitution expressly permitted the governor to seek an advisory opinion from the state supreme court regarding the constitutionality of a legislative bill. Invoking this provision, the governor sought an advisory opinion from the state supreme court regarding the bill. The state supreme court applied the federal constitution and responded that the bill violated the First Amendment. Relying on the advice given in that ruling, the governor announced that he would veto the bill. However, some members of the legislature wanted the U.S. Supreme Court to review the state court’s ruling first.Can the U.S. Supreme Court review the state supreme court’s ruling?48Will a generalized grievance suffice to show Article III standing?
Will a generalized grievance suffice to show Article III standing?49What must a plaintiff show to prove that an injury-in-fact was caused by the defendant for purposes of Article III standing?
What must a plaintiff show to prove that an injury-in-fact was caused by the defendant for purposes of Article III standing?50What does it mean for an injury-in-fact to be redressable by the courts, as required for Article III standing?
What does it mean for an injury-in-fact to be redressable by the courts, as required for Article III standing?51Must a party have standing on appeal?
Must a party have standing on appeal?52What is ripeness?
What is ripeness?53Congress appropriated, or allocated, certain funds to the state and local governments. Congress also enacted a bill permitting the president to tak...
Congress appropriated, or allocated, certain funds to the state and local governments. Congress also enacted a bill permitting the president to take these funds away from the state and local governments without congressional approval. The president signed the bill into law. Before the president exercised this new power, a city sued in federal district court, alleging that the new law was unconstitutional. Because the city had not yet lost any federal funds under the new law, the federal government moved to dismiss the suit on the ground that the claim was not yet ripe.Assuming the city has standing, can the court dismiss the case as unripe?54What is mootness?
What is mootness?55Generally, when does a plaintiff’s case become moot on standing grounds?
Generally, when does a plaintiff’s case become moot on standing grounds?56If a defendant voluntarily ceases the challenged conduct at the basis of a plaintiff’s claim, is the claim moot?
If a defendant voluntarily ceases the challenged conduct at the basis of a plaintiff’s claim, is the claim moot?57If a plaintiff can no longer be affected by a favorable court decision, is the plaintiff’s claim always moot?
If a plaintiff can no longer be affected by a favorable court decision, is the plaintiff’s claim always moot?58A state law required that a new resident live in the state for at least 90 days before registering to vote. Registration was required before anyone...
A state law required that a new resident live in the state for at least 90 days before registering to vote. Registration was required before anyone could vote. A new resident moved to the state 60 days before a vote was scheduled and was unable to register to vote in that election. The new resident sued in federal district court, alleging that the law violated the new resident’s Fourteenth Amendment rights. The primary election occurred before the new resident’s case was heard. The state registered the new resident after the statutory 90-day waiting period. Accordingly, even though the case was still pending, the new resident was able to vote in the general election. The state filed a motion to dismiss the new resident’s action as moot. Can the federal district court dismiss the case as moot?59If a representative plaintiff’s individual claim in a class action becomes moot, is the entire class action claim moot?
If a representative plaintiff’s individual claim in a class action becomes moot, is the entire class action claim moot?60Must a claim brought in federal court meet the requirements of standing, ripeness, and mootness to fulfill Article III’s case-or-controversy requir...
Must a claim brought in federal court meet the requirements of standing, ripeness, and mootness to fulfill Article III’s case-or-controversy requirement?61What is prudential standing?
What is prudential standing?62What is third-party standing?
What is third-party standing?63When does an organization have standing to sue on behalf of its members?
When does an organization have standing to sue on behalf of its members?64Can an individual ever have standing to sue on behalf of a third party?
Can an individual ever have standing to sue on behalf of a third party?65What is the zone-of-interests test?
What is the zone-of-interests test?66Must a claimant have both Article III standing and prudential standing to bring a claim in federal court?
Must a claimant have both Article III standing and prudential standing to bring a claim in federal court?67May Congress enact legislation to override federal courts’ refusal to hear certain types of cases based on lack of prudential standing?
May Congress enact legislation to override federal courts’ refusal to hear certain types of cases based on lack of prudential standing?68Does Congress have the constitutional authority to eliminate or alter the case-or-controversy limits on federal judicial review?
Does Congress have the constitutional authority to eliminate or alter the case-or-controversy limits on federal judicial review?69Under the independent-and-adequate-state-law-grounds doctrine, what conditions must be met for a state-court judgment to be unreviewable by the U.S...
Under the independent-and-adequate-state-law-grounds doctrine, what conditions must be met for a state-court judgment to be unreviewable by the U.S. Supreme Court?70When is a state ground adequate under the independent-and-adequate-state-law-grounds doctrine?
When is a state ground adequate under the independent-and-adequate-state-law-grounds doctrine?71When is a state ground independent under the independent-and-adequate-state-law-grounds doctrine?
When is a state ground independent under the independent-and-adequate-state-law-grounds doctrine?72Under the independent-and-adequate-state-law-grounds doctrine, can the U.S. Supreme Court review state-court judgments that relied on both state an...
Under the independent-and-adequate-state-law-grounds doctrine, can the U.S. Supreme Court review state-court judgments that relied on both state and federal law to resolve an issue?73A state supreme court issued a decision involving the freedom of speech. The decision discussed state and federal precedents interchangeably. The d...
A state supreme court issued a decision involving the freedom of speech. The decision discussed state and federal precedents interchangeably. The decision then stated that a review of the relevant precedents led the court to conclude that the law in question was inconsistent with the constitutional protections afforded to freedom of speech and, therefore, was unconstitutional. The state government filed a petition for a writ of certiorari with the U.S. Supreme Court. Can the Court review the state supreme court’s decision?74Under the independent-and-adequate-state-law-grounds doctrine, are state procedural rules considered a valid state-law basis that can be used to av...
Under the independent-and-adequate-state-law-grounds doctrine, are state procedural rules considered a valid state-law basis that can be used to avoid review of the state court’s decision by the U.S. Supreme Court?75A state’s highest court holds that the police must have probable cause to stop and frisk a citizen for guns. The decision discussed both Fourth Ame...
A state’s highest court holds that the police must have probable cause to stop and frisk a citizen for guns. The decision discussed both Fourth Amendment and state constitutional-law cases. The opinion stated the decision rested exclusively on valid provisions of the state constitution in reaching the result.Can the U.S. Supreme Court review this decision?76What is the political-question doctrine?
What is the political-question doctrine?77Under the political-question doctrine, what are the five factors that indicate the presence of a non-justiciable political question?
Under the political-question doctrine, what are the five factors that indicate the presence of a non-justiciable political question?78Which two of the factors a court considers in identifying whether a case involves a political question are usually dispositive?
Which two of the factors a court considers in identifying whether a case involves a political question are usually dispositive?79An executive branch official was concerned that the procedures used by the U.S. Senate to adjudicate articles of impeachment were unfair. The offic...
An executive branch official was concerned that the procedures used by the U.S. Senate to adjudicate articles of impeachment were unfair. The official wanted the U.S. Supreme Court to review the procedures to decide if they afforded sufficient due process to an executive branch official facing impeachment charges.Assuming that the official has standing to bring the suit, can the Court review the procedures used by the U.S. Senate to conduct an impeachment?80A member of the House of Representatives (House) questioned whether a person elected to the House met the constitutional requirements for service. ...
A member of the House of Representatives (House) questioned whether a person elected to the House met the constitutional requirements for service. The member cited Article I, § 5 of the U.S. Constitution to argue that Congress is the judge of the qualifications of its own members.Can the House determine whether a person elected to office meets the constitutional requirements for service in the House?81Congress authorized the use of military force to respond to a terrorist attack on the United States. After 15 years, the resolution remained in for...
Congress authorized the use of military force to respond to a terrorist attack on the United States. After 15 years, the resolution remained in force, and the president regularly invoked the resolution to deploy military forces to new areas. Congress did not specifically authorize the deployment of these troops nor declare war against the nations in which the deployments took place. A private in the military received a deployment notice for a combat mission to a foreign country. The private sued, seeking an injunction against the proposed deployment. The private argued that the resolution had lapsed and Congress had not otherwise authorized the deployment. The federal government moved to dismiss the suit, arguing that whether the resolution had lapsed was a non-justiciable political question. Are the issues of when hostilities have ceased and whether the president has power to commit troops non-justiciable political questions?