Justiciability

Question 1

Justiciability Doctrines

Answer 1

1. No advisory opinions
2. Standing
3. Political Question
4. Mootness
5. Ripeness

Question 2

Standing elements

Answer 2

1. Injury in fact
2. Causation
3. Redressability
4. No third parties
5. No General Grievances
6. Zone of interest.

(Mass. v. EPA)

Question 3

Taxpayer standing

Answer 3

No Taxpayer standing. Exception = Government spends money in violation of the establishment clause

Question 4

Legislator Standing

Answer 4

No standing

Question 5

Political Question Doctrine

Answer 5

Q made by president or officer of the law cannot be reviewed by the courts. Left up to branches to decide (Baker v. Carr; Nixon)

Question 6

Mootness

Answer 6

P must present a live controversy at all stages of Federal Court action (Has the dispute already resolved itself?)

Question 7

Prohibition of advisory opinions

Answer 7

cannot offer advisory opinions to other branches or other courts on a matter that is not currently before the court

Question 8

Ripeness

Answer 8

When review is appropriate, seeks to separate matters that are pre-mature for review because an injury is speculative versus those questions that are appropriate for federal court action.
Has the dispute come to full fruition?

Question 9

Standing

Answer 9

Determination of whether this is the proper person to bring this matter to court

Question 10

Redressability

Answer 10

P must show that judicial relief will address the harm