Justicibility (SPAR ME) Flashcards
Standing
P must show that he has concrete stake in the outcome of the case. Individual standing requires: 1) actual injury, 2) causation, and 3) redressability. Here,
Third Party Standing
Normally one may not assert the claims of another, however, the court will allow third party standing if 1) there is a special relationship between the claimant and the third party (i.e. doctor/patient), or 2) it is difficult for the claimant to assert his own right. Here,
Tax Payer Standing
Tax payers do not have standing to challenge government expenditures, unless he challenges G expenditures under the establishment clause. Here,
Organizational Standing
An organization may assert the claims of their members so long as 1) a member of the organization has suffered an actual injury, 2) the injury is related to the organization’s purpose, and 3) individual member participation in the lawsuit is not required. Here,
Ripeness
The courts will not hear a case unless there has been an actual injury or there is some threat of immediate injury caused by the Defendant. Here,
Mootness
If the matter has already been resolved, the case will be dismissed as moot unless: 1) the controversy is capable of repetition but evading review, 2) voluntary cessation, or 3) a class action, so long as at least one member of the class still has a viable claim. Here,
Eleventh Amendment - Sovereign Immunity
The 11A prohibits a party from suing a state without the state’s permission. However, if the P sues the appropriate state official, the suit will not be barred by the 11th Amendment. Here,
Abstention
The federal court will abstain from resolving a constitutional claim when based on unsettled question of state law. Here,
Political Question
Political Questions are issues constitutionally committed to political branches or inherently incapable of judicial resolution. Here,
