Standing

Question 1

Standing Elements

Answer 1

1. Injury in fact: Injury must be concrete and particularized not “abstract, conjectural, or hypothetical”
2. Causation: Injury must be “fairly traceable” to the challenged action
3. Redressability: A favorable decision must be “likely” to redress the injury

Question 2

Ripeness

Answer 2

A case is ripe for judicial review based on (1) fitness of the issues [i.e. finality, purely legal question] and (2) hardship to the parties if review is withheld.

Question 3

Mootness

Answer 3

if the facts of a case change while the case is pending in such a way that judicial resolution of the case will have no impact on the parties, the case is moot; it’s no longer a case within the meaning of Article III and must be dismissed.

Question 4

Exceptions to Mootness

Answer 4

(1) those situations capable of repetition yet evading review; (2) voluntary cessation is generally insufficient to moot a case unless there is no possibility that the conduct cannot be repeated; and (3) challenges to criminal convictions after the sentence is complete

Question 5

Adequate and Independent State grounds

Answer 5

A case cannot be heard in federal court if there are adequate and independent state grounds for the decision to stand.

Question 6

Organizational Standing

Answer 6

Organizations have standing to challenge an action on behalf of its members if (1) its members have suffered an injury in fact that would give the members the right to sue; (2) the injury is related to the organization’s purpose; and (3) neither the nature of the claim not the relief requested requires the participation of the individual members in the lawsuit.