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Flashcards in Justiciability Deck (11):
1

What is standing?

"Right person at the right time"

2

Elements of standing

1. Injury in fact
2. Causation
3. Redressibility
4. adequate and independent state grounds
5. Mootness/ripeness
5. Nonjudicial political question

3

Inury-in-fact

direct injury, not relying on someone elses injury

4

Redressibility

Courts action will remove harm

5

Adequate & independent state grounds

Need plain statement that your relying on state law. Can only use federal law as guide/compate. Not as basis for decision

6

Mootness

No more injury

7

Nonjudicial political questions

Won't hear, SEP of powers, i.e immpeaching congressman. Scotus decides what NJPQ is

8

conventional standing is

a soft doctrine, court sometime deviates.

9

suing for injunction or declaratory relief

is a red flag, easy to become moot. sue for $ damages or use class action to avoid mootness.

10

Narrow exception for mootness

capable of being repeated but evades review (roe v wade) gestation period over before case decided.

11

Federalism

not getting involved in state and local matters