Justiciability

Question 1

What concepts do we consider for justiciability?

Answer 1

1. Standing
2. Timeliness
3. Political Question
4. Advisory Opinions and Declaratory judgments
5. State Action
6. Eleventh Amendment

Question 2

What are the elements of standing?

Answer 2

1. Injury in fact
2. Causation
3. Redressability

Question 3

What issues concern timeliness?

Answer 3

1. Ripeness

2. Mootness

Question 4

What are the requirements for organizational standing?

Answer 4

1. The members of the organization must have standing in their own right
2. The interests asserted must be germane to the organization’s purpose
3. The members need not participate in the litigation

Question 5

The 11th Amendment does what?

Answer 5

Provides immunity to the states from any federal suit brought by private parties against a state.

Question 6

What type of actions are not barred by the 11th Am?

Answer 6

Suit by states or the federal government against other states, suits against subdivisions of the state (such as cities or counties), and suits seeking injunction against state officials