Justiciability Flashcards Preview

Con Law I > Justiciability > Flashcards

Flashcards in Justiciability Deck (10):
1

Text: Art III, Sec 2, cl 1

Provision of Constitution that gives federal courts power to adjudicate cases and controversies.

2

Standing

Injury (constitutionally required)
Causation (constitutionally required)
No third party standing
No generalized grievances

3

Standing -- Injury

Imminent
Concrete
Palpable
injury that is personal to the P

4

Standing -- Causation/Redressibility

Did the actions of D cause P's injury?
If remedy is granted, will the injury go away?
Would a court injunction stop the harm from occurring?

5

Standing -- No third party standing

P may not litigate the constitutional rights of a third party who is not before the court
UNLESS
- there is a substantial obstacle for the third party (ie. deployed soldier)
OR
- there is a sufficiently close relationship b/t third party and P (ie. parent/child)
OR
- Congress confers standing

6

Associational standing

association may sue on behalf of members (even if it has no injury) if individually the members have injury/causation AND
individual participation is not necessary

7

Standing -- no generalized grievances

injury must affect you specifically
ie. tax payers may not litigate merely on the status as a federal taxpayer

8

Ripeness

IMMINENCE (Is it not yet an issue?/opposite of mootness)
Issue must be ready for review by the court
Usually at issue when P seeks injunctive relief

9

Ripeness test

Would P gain anything by waiting?
What hardship would P suffer without pre-enforcement review?
Fitness of the issues: does court have enough information to decide case? Is there any reason court should wait for injury?
Need to show injury is likely to happen again

10

Mootness

Issue is no longer an issue (opposite of ripeness)
P must have current adversarial parties throughout all stages of the fed court proceedings
UNLESS
- class action with at least one member who still has a live controversy
- voluntary cessation of illegal activity
-- D quits the violation for current P, but could do it again to someone else
- situation capable of repetition, yet evades review
-- abortion