01-The Judicial Power

●?? Article III

●? Federal Courts have judicial power over all "cases and controversies":

●? Arising under the Constitution, laws, or treaties of the United States

●? Of admiralty and maritime jurisdiction

●? In which the United States is a Party

●? Between two or more States

●? Between a state and citizens of another state

●? Between citizens of different states

●? Between citizens of the same state claiming lands under grants of different states

●? Between a state or citizens thereof and foreign states, citizens, or subject

●?? Federal Courts

●? Article III Courts

●? The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to times ordain and establish.

●? Article I Courts

●? Section 8

●?? To constitute Tribunals inferior to the Supreme Court

●?? United States Tax Court

●?? courts of District of Columbia

●? Differences between Article I Courts and Article III Courts

●?? life tenure of judges and protection from salary decrease

●?? administrative and judicial function

●?? Jurisdiction of the Supreme Court

●? Original (trial) Jurisdiction

●? Under Article III, Section 2, the Supreme Court has original jurisdiction "in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party."

●? Appellate Jurisdiction

●? Article III, Section 2 further provides that in all other cases before mentioned [i. e., arising under the Constitution, Act of Congress, or treaty], the Supreme Court shall have appellate jurisdiction.

●?? Constitutional and Self-Imposed Limitations on Exercise of Federal Jurisdiction - policy of "Strict Necessity"

●? No Advisory

●? The Supreme Court's interpretation of the "case and controversy" requirement in Article III bars rendition of "advisory" opinion.

●? Ripeness-immediate Threat of Harm

●? A federal court will not hear a case unless the plaintiff has been harmed or there is an immediate threat of harm.

●? Mootness

●? A federal court will not hear a case that has become moot.

●? Standing

●? A plaintiff will be able to show a sufficient stake in the controversy only if he can show an injury in fact - caused by the government.

●?? Injury

●?? Causation

●?? Redressability

●? Adequate and Independent State Grounds

●? The Supreme Court will hear a case from a state court only if the state court judgment turned on federal grounds.

●?? The nonfederal grounds must be "adequate" and "independent"

●? Abstention

●? Unsettled State Law

●? Pending State Proceedings

●? Eleventh Amendment Limits on Federal Courts

●? The Eleventh Amendment is a jurisdictional bar that modifies the judicial power by prohibiting a federal court from hearing a private party's or foreign government's claims against a state government.

●?? What Is Barred?

●?? What Is Not Barred?

●?? Exceptions to Eleventh Amendment