Justiciability

Question 1

Constitutional limitations

Answer 1

Article 3 limits federal courts to hearing actual cases and controversies

Question 2

three requirements for fed ct to hear case

Answer 2

1. standing
2. ripeness
3. mootness

Question 3

standing

Answer 3

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

Question 4

injunctive/declaratory relief

Answer 4

P must show a concrete, imminent threat of future injury

Question 5

3P standing

Answer 5

generally **NOT permitted **UNLESS
1. a close relationship exists;
2. it’s difficult or unlikely for 3P to assert their rights on their own, OR
3. 3P is an organization

Question 6

organization standing

Answer 6

allowed to sue on behalf of 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 7

taxpayer standing

Answer 7

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 (ie, challenging govt expenditures)

Question 8

advisory opinions

Answer 8

courts CANNOT give advisory opinions or address hypothetical disputes or political questions

Question 9

ripeness

Answer 9

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 10

mootness

Answer 10

when a dispute has ended or was resolved before review

Question 11

mootness exceptions

Answer 11

1. a case is capable of being repeated but escaped review,
2. voluntary cessation, but it can resume any time, OR
3. class actions, where at least one member has an ongoing injury