Justiciability Doctrine

Question 1

Standing

Answer 1

the determination of whether a specific person is the proper party to bring a matter to the court for adjudication (aka: who can bring the lawsuit)

Question 2

3 Constitutional Requirements for Plaintiff to have Standing

Answer 2

1. Injury
2. Causation
3. Redressability

Question 3

Standing: Injury

Answer 3

Plaintiff must allege that they have suffered or will imminently suffer harm. That harm must be actual and concrete and be particularized to the plaintiff

Question 4

Standing: Causation

Answer 4

Plaintiff must allege that the injury is fairly traceable to the defendant’s conduct

Question 5

Standing: Redressability

Answer 5

Plaintiff must allege that a decision in their favor is likely to remedy their harm

Question 6

Third Party Standing

Answer 6

typically, a plaintiff only has standing for harm that happened to them. BUT as long as the plaintiff independently meets standing requirements, a third party can be used considering these factors:
1. closeness of the relationship between the plaintiff and the third party
2. likelihood that the third party can sue on its own behalf
3. the social impact of the plaintiff representing themself

Question 7

Generalized Grievances

Answer 7

a plaintiff does not have standing when the harm they assert is a “generalized grievance” shared in a substantially equal measure by all or a large class of citizens

Question 8

taxpayer standing

Answer 8

if a taxpayer challenges the use of taxpayer money, arguing that it violates the Establishment Clause of the Constitution, they have standing

Question 9

Ripeness

Answer 9

the plaintiff must show that a harm has occurred or will imminently occur (judicial review is not premature). a claim is unripe if it rests upon contingent future events that may not occur as anticipated or even occur at all. not ripe = must be dismissed.

Question 10

Balancing test for ripeness

Answer 10

1. what is the fitness of the issues for judicial review?
2. what is the hardship to the parties if we withhold courtship consideration?

Question 11

Mootness

Answer 11

plaintiff must present a live controversy at all stages of litigation. if anything occurs while a lawsuit is pending that ends the plaintiff’s injuries, the court should dismiss it as moot

Question 12

Mootness exceptions

Answer 12

1. Wrongs capable of repetition yet evading review
2. voluntary cessation
3. class-action

Question 13

Mootness Exception: wrongs capable of repitition

Answer 13

injury must be likely to recur in the future, it is possible that it could happen tot he plaintiff again, and the injury is of such a short duration that it likely always will evade review

Question 14

Mootness Exception: Voluntary Cessation

Answer 14

a case should not be dismissed as moot if the defendant voluntarily stopped their allegedly improper conduct but is free to return to it whenever. a case is only moot if there is no reasonable chance that the defendant could resume the offending behavior

Question 15

Mootness Exception: Class-Action

Answer 15

even if the named plaintiff in a class-action is no longer part of the lawsuit, the suit may continue as long as the class has been certified (or still pending) and other members of the class still have a live controversy.

Question 16

Political Question Doctrine

Answer 16

a matter is a political question (and non-justiciable) if it is more properly interpreted/enforced by another branch of government

Question 17

PQD Fact Patterns

Answer 17

1. cases brought under Article 4 Guaranty Clause
2. a textually demonstrable constitutional commitment giving explicit authority to the legislature or executive branch
3. issue presents a lack of clear, repeatable judicial standards (partisan gerrymandering)
4. a court addressing the issue might make a pronouncement in direct conflict with what another branch has said and cause embarrassment

Question 18

Gerrymandering

Answer 18

the manipulation of the boundaries of an electoral constituency so as to favor one party or class