Threshold issues

Question 1

Standing (proper party to sue?)

Answer 1

P must show:

• an INJURY
• that the D CAUSED
• and that can be ADDRESSED by the requested relief

Question 2

Standing: What must be the nature of the injury?

Answer 2

personal, NOT generalized

Question 3

Standing: rule for organizations

Answer 3

orgs can have associational standing if MEMBERS themselves (1 or more) would have had standing if sued individually

and

members’ interests are related to the org’s purpose

Question 4

What are the 4 threshold issues?

Answer 4

standing
mootness
ripeness
state action

Question 5

Mootness rule

Answer 5

a REAL AND LIVE CONTROVERSY must exist throughout the lawsuit

Question 6

Exceptions to mootness rule (2)

Answer 6

1) controversies capable of repetition, but evading review, i.e. always resolved before litigation complete (e.g. abortion, pregnancy would end before litigation complete)
2) class action lawsuits- as long as there are live claim within the class, class rep can continue litigation

Question 7

Ripeness rule

Answer 7

• an EXISTING DISPUTE that
• threatens IMMEDIATE AND SUBSTANTIAL HARDSHIP to the P
• can be resolved by a FINAL AND CONCLUSIVE JUDGMENT

Question 8

State action rule (general)

Answer 8

the injury that gives rise to standing must be by the state

Question 9

What does state action include?

Answer 9

official government conduct (e.g. fed/state/municipal officer)

and

private conduct where there is SIGNIFICANT GOVERNMENTAL INVOLVEMENT w/ the private party (gov’t authorized/coerced/encouraged private action)