Flashcards in Justiciability Deck (11):
What is standing?
"Right person at the right time"
Elements of standing
1. Injury in fact
4. adequate and independent state grounds
5. Nonjudicial political question
direct injury, not relying on someone elses injury
Courts action will remove harm
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
No more injury
Nonjudicial political questions
Won't hear, SEP of powers, i.e immpeaching congressman. Scotus decides what NJPQ is
conventional standing is
a soft doctrine, court sometime deviates.
suing for injunction or declaratory relief
is a red flag, easy to become moot. sue for $ damages or use class action to avoid mootness.
Narrow exception for mootness
capable of being repeated but evades review (roe v wade) gestation period over before case decided.