Justiciability

Question 1

What is standing?

Answer 1

“Right person at the right time”

Question 2

Elements of standing

Answer 2

1. Injury in fact
2. Causation
3. Redressibility
4. adequate and independent state grounds
5. Mootness/ripeness
6. Nonjudicial political question

Question 3

Inury-in-fact

Answer 3

direct injury, not relying on someone elses injury

Question 4

Redressibility

Answer 4

Courts action will remove harm

Question 5

Adequate & independent state grounds

Answer 5

Need plain statement that your relying on state law. Can only use federal law as guide/compate. Not as basis for decision

Question 6

Mootness

Answer 6

No more injury

Question 7

Nonjudicial political questions

Answer 7

Won’t hear, SEP of powers, i.e immpeaching congressman. Scotus decides what NJPQ is

Question 8

conventional standing is

Answer 8

a soft doctrine, court sometime deviates.

Question 9

suing for injunction or declaratory relief

Answer 9

is a red flag, easy to become moot. sue for $ damages or use class action to avoid mootness.

Question 10

Narrow exception for mootness

Answer 10

capable of being repeated but evades review (roe v wade) gestation period over before case decided.

Question 11

Federalism

Answer 11

not getting involved in state and local matters