Judicial Power Flashcards
Justiciable
Rule: in order for a federal court to hear a case, it must be justiciable. A case is justiciable if there is a real live case or controversy.
Advisory Opinions
Rule: the federal court will not hear a case if hearing the case and rendering a decision will only be an advisory opinion. There must be specific present harm or specific future harm. Complainants must show that they have engaged in or wish to engage in conduct that the challenged action poses a REAL and IMMEDIATE danger to their interests.
Ripeness
Rule: a court will not hear a case for lack of justiciabilty/case or controversy, if the case is not ripe for review. A case is not ripe if the plaintiff brings an action against the enforcement of a statute not yet enforced, unless the P will suffer some harm or immediate threat of harm.
Mootness
Rule: a real controversy must exist at all stages of review. If the matter is already resolved, the case will be dismissed as moot
A real controvery must exist at all stages of review. If the matter is already resolved, the court will dismiss the case as moot
Standing
Rule: a court will dismiss the case for lack of case or controversy if the plaintiff lacks standing to sue.
A plaintiff has standing if the P:
- P has or will be directly and personally injured by the allegedly wrongful action
- There must be a causal connection between the injury and the conduct complained of.
- The court must be able to redress the issue and provide a remedy for the P’s injury
Organizational Standing
An organization may sue on behalf of its members if:
- The members have an actual injury
- The injury is related to the organization’s purpose
- individual member participation in the suit is not required
Third Party Standing
A claimant with standing in her own right may sue on behalf of a third party if:
- Difficult for TP to assert own rights OR
- A special relationship exists between the claimant and the TP
