Threshold Issues

Question 1

Standing

Answer 1

1) Injury in fact
2) Causation
3) Redressibility

Question 2

Injury in Fact

Answer 2

1) personal, not generalized
2) direct
3) doesn’t have to be economic

Question 3

Causation

Answer 3

must be a causal connection between the conduct and the injury

Question 4

Redressability

Answer 4

decision in the litigant’s favor must be capable of eliminating her grievance

Question 5

Mootness

Answer 5

Real and live controversy must exist throughout the lawsuit
EXCEPTIONS:
1) controversies capable of repetition but evading review
2) class actions: if the named P’s injuries are moot if the rest of the class still has injuries then the case is still viable

Question 6

Ripeness

Answer 6

1) existing dispute
2) threatens immediate and substantial hardship to plaintiff
3) can be resolved by final and conclusive judgment
EXAMPLE:
declaratory judgment on statute before it causes injury, have to show
1) involvement with govt
2) harm will be immediate
3) factual record developed enough to try case

Question 7

State Action

Answer 7

1) official conduct AND

2) private conduct where there is significant governmental involvement with the private party

Question 8

Facial Challenges

Answer 8

Is the law or regulation valid on it’s face? Look at the specific language.

Question 9

As Applied Challenges

Answer 9

Is the law or regulation or action constitutional as it is applied in this case? The law may be upheld generally but deemed unconstitutional as applied.