BLACK LETTER LAW

Question 1

Justiciability

Answer 1

A case must be justiciable to be heard in fed. CT, which means there MUST be a case or controversy presented.

To determine whether a case or controversy exists, the case must satisfy requirements for:
1. standing
2. ripeness
3. mootness
4. political question doctrine.

Question 2

Advisory opinions

Answer 2

NO advisory opinions bc federal court cannot issue advisory opinions, which are decisions that lack:
1. An actual dispute between adverse parties
2. Any legally binding effect on the parties

Question 3

Standing

Answer 3

a party must have concrete interest in the outcome of a claim to have the claim heard in federal court.

Requirements:
1. injury – P must have suffered some injury or show a likelihood of imminent injury
2. causation and redressability – P must allege that D caused the injury and that the CT can grant a proper remedy.

No generalized grievances – P cannot sue solely as a U.S. citizen or taxpayer to compel the gov, to act in a particular way.
*Exception – taxpayers have standing to challenge specific government expenditures pursuant to the Est. Clause

Congress- cannot automatically confer standing, but can create new rights that, if violated, may give rise to standing

Question 4

3rd party and organizational standing

Answer 4

Third party standing – a P with standing may assert the rights of a third party where P has suffered injury and either:
a. P’s injury adversely affects his relationship with third parties
b. Injured party is unlikely to unable to assert his own rights