Justiciability

Question 1

What is Justiciability?

Answer 1

Art. III of the U.S. Constitution limits federal courts to hearing actual cases and controversies.

Question 2

What do you need to have standing?

Answer 2

P must have standing to sue in court. Exists when:

1) P personally suffered an injury in fact (concrete and particularized injury);
2) There is causation; AND
3) The injury is redressable by court order.

Question 3

What does the P need to show in order to get Injunctive/Declaratory Relief?

Answer 3

P must show a concrete, imminent threat of future injury.

Question 4

When is Third-Party Standing permitted?

Answer 4

Generally not permitted UNLESS:

a) A close relationship exists;
b) It’s difficult or unlikely for the third-party to assert their rights on their own; OR
c) The third-party is an organization.

Question 5

Organization Standing

Answer 5

Allowed to sue on behalf of the members if:

1) The suit is related to an issue germane to the organization’s purpose;
2) Members would have standing to sue; AND
3) Members’ participation is not necessary.

Question 6

Taxpayer Standing

Answer 6

P may bring a lawsuit regarding specific amounts owed under their tax bill.
− But, a party DOES NOT have standing solely for being a taxpayer (i.e. challenging govt. expenditures).

Question 7

Advisory Opinions

Answer 7

Courts CANNOT give advisory opinions or address hypothetical disputes.

Question 8

Ripeness

Answer 8

whether the case is ready to be litigated. A case is ripe → when actual harm or an immediate threat of harm exists.
− Court may grant pre-enforcement review of a statute/law after considering: (1) hardship of the parties if no review; AND (2) fitness of the record.

Question 9

Mootness

Answer 9

when a dispute has ended or was resolved before review.
− Exceptions → (a) case is capable of being repeated but escapes review; (b) voluntary cessation, but it can resume any time; OR (c) class actions, where at least one member has an ongoing injury.