Justiciability

Question 1

Case or Controversy

Answer 1

There must be an actual case or controversy in dispute

Question 2

Political Questions

Answer 2

Constitutional violations that the federal courts will not adjudicate because they are issues committed to another branch

Question 3

Standing

Answer 3

Issue of whether the P is the proper party to bring a matter to the court for adjudication. Requirements: 1) an actual or imminent injury, 2) the injury is caused by the conduct complained of, and 3) it is likely that the injury will be redressed by a favorable decision

Question 4

Third Party Standing

Answer 4

No 3rd party standing unless P proves individual standing and either a special relationship between the P and the injured third party or that it is difficult for the third party to assert his own rights

Question 5

Organizational Standing

Answer 5

1) Members have standing in their own right, 2) the interests asserted are related to the organization’s purpose, and 3) neither the claim nor the relief requires participation of individual members

Question 6

Ripeness

Answer 6

A case will not be heard if there is not yet a live controversy or immediate threat of harm (future wrong)

Question 7

Mootness

Answer 7

A case will not be heard if a live controversy existed at the time the complaint was filed but has since been eliminated. Exceptions: controversy capable of repetition, yet evading review and voluntary cessation of activity by D

Question 8

Private Actor’s Action becoming State Action

Answer 8

Public Function: If private entity is performing a task traditionally, exclusively done by the government. Entanglement: Where state is heavily involved in the activity, such as by commanding, authorizing, or facilitating the activity.