1-15 notes - LSJ 361 1 Limits to judicial power a...

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LSJ 361 01/15/2009 1) Limits to judicial power a) Jurisdiction – The realm of authority for the court i) Article III – Three different clauses within Article III (1) Article III Section 2 Paragraph 1 – Questions involving the constitution and federal law are jurisdiction for the court. (2) Article III Section Paragraph 2 – What is original jurisdiction – First court to look at the question – the Supreme Court is the first court to look at the case (normally only 10%). (a) Affecting ambassadors (b) Other public ministers and consoles (c) Those in which a state is a party (3) Appellate jurisdiction – left up to congress to determine how appellate jurisdiction works. Important because this is one way in which congress can control the court. b) Doctrine of Judiciability – Determines the limits of the courts power i) Standing – adversarial legal system – must be case in controversy – questioning whether or not the parties have suffered an injury. A particular litigant stating their injury is part of the larger public injury.
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  • Spring '09
  • Squatrito
  • Supreme Court of the United States, appellate jurisdiction, original jurisdiction, lower court judge, Article III Section

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