Justiciability Doctrines

Question 1

Standing

Answer 1

Party must have standing for federal court to hear a case. To have standing, party must have concrete stake in outcome of controversy, which requires:
* (i) party suffered injury in fact (must be specific, not theoretical, and does NOT need to be economic) - usually violation of common law right, constitutional right, or statutory right
* (i) injury caused by conduct complained of
* (iii) injury can be remedied by decision in party’s favor

Plaintiffs seeking injunctive or declaratory relief must show likelihood of future harm (in lieu of injury in fact)

Question 2

Standing - Organization

Answer 2

Organization has standing to challenge gov action that injures org or its members IF:
* (i) individual members have standing to sue on their own behalf
* (ii) injury is related to organization’s purpose
* (iii) the claim and relief don’t require participation of individual members in lawsuit