Justiciability

Question 1

When Justiciability is an Issue

Answer 1

When the call of the question asks whether a particular plaintiff can sue, whether the court can hear a particular case, or whenever a plaintiff seeks to vindicate their constitutional rights or the constitutional rights of others.

Question 2

What Types of Justiciability to Discuss

Answer 2

Only those where the facts present a real issue. Generally, standing must always be discussed because, for a plaintiff to successfully file suit, they must show standing.

The defendant must show mootness, lack of ripeness, advisory opinion, or political question, so they should only be addressed if at issue.

Question 3

Ripeness

Answer 3

A federal court will not hear a case unless a plaintiff has been harmed, or there is an immediate or imminent threat of harm.

Question 4

Mootness

Answer 4

If the relief that would be requested has been obtained or it is no longer a realistic solution, the court will not hear the case. If someone sues to be admitted to college, alleging racial discrimination, and is then admitted, the case is moot.

Question 5

Standing

Answer 5

Refers to whether the plaintiff has a stake in the outcome of the case. An individual plaintiff must show three components:

(1) a specific injury, greater and different from the injury all persons suffer because the government is engaged in unconstitutional action;
(2) a causal connection between the injury and the defendant’s conduct complained of; and
(3) a ruling favorable to plaintiff would eliminate the harm to plaintiff.

Question 6

Third-Party Standing

Answer 6

A plaintiff may assert the constitutional rights of others if:

(1) plaintiff has suffered injury; and
(2) third parties find it difficult to assert their own rights o plaintiff’s injury adversely affects plaintiff’s relationship with third parties.

Question 7

Organizational Standing

Answer 7

An organization has standing to challenge government action that injures the organization, and it can also challenge action that injuries its members if:

(1) there is an injury in fact to members that would give individual members standing: (2) the injury is related to the organization’s purpose; and
(3) neither the nature of the claim nor the relief requires participation of the individual members in the lawsuit.