Judicial Review

Lesson 1 of 4, 2m
Judicial Review
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Transcript

Part two, judicial review. Let's start first with our sections on the power of the federal government, and because we're lawyers or will be soon, we'll start with the power of the federal judiciary.

Federal Courts

Federal courts are limited in what they can hear.

The first thing you should do when you're looking at a constitutional law case on an exam is decide whether the case even belongs in the federal court at all. Federal courts can't hear every issue under the sun. They're restricted both by the Constitution and by pragmatic considerations that counsel for keeping certain issues out of the federal courts.

Jurisdiction and Justiciability

These are issues of what's commonly called jurisdiction and justiciability.

Jurisdiction is whether the federal courts have the power to hear a certain matter under the Constitution or federal law.

Justiciability, on the other hand, is an analysis about how appropriate it is that the matter be determined by a court, so you should ask yourself a number of questions when you see a plaintiff looking for a federal court to solve its problems. We'll go through all of these in turn, but just for now, just listen to the questions and see how these themes start to come out. We'll answer them at the end.

Questions to Ask

Does the federal court have the power to hear this issue? Is the person or entity bringing the case an appropriate plaintiff? Is the defendant an appropriate defendant? Is the case ready for court review, that is, it's not too early or too late? Are there pragmatic considerations that counsel against the court hearing the case? Remember, all the rules we'll discuss today are questions for when a case gets presented to a federal court. In state court, these rules for justiciability and jurisdiction do not apply. They have their own rules.

A tip for the exam, always check which court the exam question is talking about. Just because the case is about federal law, that doesn't mean it's necessarily in federal court. As you probably already know, a state court may rule on both state law and federal law, including federal constitutional issues. So, check which court is being asked to take the case before answering.

Assessment Questions

Question 1

Which of the following statements about judicial review is false?
a
Under the Constitution, a federal court can hear any case that’s brought before it.
b
Justiciability involves whether it’s appropriate for a federal court to decide a certain matter.
c
When you analyze whether a matter is justiciable, you’re going to think through a set of practical considerations.
d
Jurisdiction involves whether the Constitution or a federal statute gives the court the power to hear a case.
Explanation
Unlike state courts, which usually have very broad jurisdiction, federal courts are limited in the kinds of matters they can hear. We’ll explore the details in subsequent lessons, but always keep jurisdictional limitations in mind when you see a question about a case in federal court.

Question 2

What question should you ask on the MBE when you see a case pending in federal court?
a
Does the court have the power to hear this kind of issue?
b
Are the plaintiffs appropriate parties for the case?
c
Is it the right time for a judge to review the case?
d
You should ask all of the questions above.
Explanation
All of these questions are important for MBE purposes. Answer choice A goes to whether the federal court has (subject-matter) jurisdiction. Choices B and C relate to two aspects of justiciability that we will discuss further in subsequent lessons: standing and ripeness. Stay tuned.

Notes

  1. Restrictions on federal courts’ ability to hear cases
    1. Jurisdiction
      1. Power to hear certain issues involving certain parties
      2. Constitutional and statutory sources
    2. Justiciability
    3. Pragmatic considerations
    4. Asks whether the matter should be determined by a federal court
  2. Does your fact pattern involve a federal court?
    1. State courts have their own rules about jurisdiction and justiciability.
    2. A federal issue doesn’t necessarily mean you’re in federal court.

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