3. Justiciability (Article 3)

Question 1

How may Federal Courts avoid rendering an advisory opinion (Article 3)?

Answer 1

Properly enforced statute (NOT provisional)

Actual dispute (between adverse parties)

Specific harm

• Current
• Future

Judgment based on Federal Court’s opinion solely => Remedies the situation (on its own)
- NOT based on others’ opinion

Question 2

What is required for a ripe case/controversy to be heard in Federal Courts?

Answer 2

1) Immediate threat (issues fit for judicial review)
- NOT dependent on contingent future event

2) Otherwise P would suffer substantial hardship

Question 3

What is required for non-moot case/controversy to be heard in Federal Courts?

Answer 3

NOT resolved throughout ALL stages of judicial review

Capable of repetition

Class actions

• Some claims resolved
• Some claims NOT resolved

Question 4

What is required for plaintiff to have standing in Federal Court?

Answer 4

1) Injury in fact
- Concrete
- Particularised

2) Causation
3) Redressability

Question 5

What is required for third party to have standing in Federal Court?

Answer 5

1) Difficulty in asserting rights in court

2) Special relationship between P + TP

Question 6

Can plaintiff have standing under federal law even if he does not qualify to have standing?

Answer 6

Federal law creates new standing

Federal law intends to protect P under certain ‘class of persons’

Question 7

What is required for organisations to have standing?

Answer 7

1) Injury towards members entitled to sue
- NOT all members need to sue individually

2) Injury related to Organisation’s purpose

Question 8

What is required for taxpayer to have standing?

Answer 8

Establishment Clause

1) Congress exceeded tax/spending powers
2) Congress spending was part of federal spending program

Own tax spending

1) Tax provision invalidly imposed upon Taxpayer
2) Taxpayer suffered injury

NOT vs Government