Justiciability

Question 1

Con Law Overall Framework

Answer 1

• Justiciability
• State Action
• Government Power
• Rights/Limits
• Remedies

Question 2

Justiciability Steps

Answer 2

1. No advisory opinions
2. Standing

Question 3

3 requirements of standing

Answer 3

1. Injury in fact
2. Causation
3. Redress

Question 4

Injury in fact

Answer 4

an invasion of a legally protected interest which is:
- concrete & particularized
- actual or imminent

Question 5

Causation

Answer 5

the injury has to be fairly traceable to the challenged action of the D

Question 6

Redress

Answer 6

it must be likely that the injury will be redressed by a favorable decision

Question 7

is there such thing as citizen standing

Answer 7

NO

Question 8

Taxpayer Standing

Answer 8

• generally no
• unless P is suing bc of legislative appropriation of money violating the establishment clause of the 1st amend.
• aka taxpayer money is not spent in a proper way

Question 9

Suing through association

Answer 9

Not every member of an association must have standing for the association to bring suit

Question 10

Mootness Definition

Answer 10

when whatever controversy was between the litigants has been resolved
- essentially, its too late

Question 11

Ripeness

Answer 11

it is too early to begin suit
- no actual legal harm done yet
- no actual injury & not imminent

Question 12

Mootness Analysis

Answer 12

1. Voluntary Cessation
   - the person has voluntarily stopped doing the harmful action
   - How easily can the D return to harmful action/ how likely for harmful action to recur
2. Exception: Capable of repetition yet evading review
   - the suit may be moot but it is likely that the harmful action will repeat