Flashcards in Justiciability Deck (10):
Text: Art III, Sec 2, cl 1
Provision of Constitution that gives federal courts power to adjudicate cases and controversies.
Injury (constitutionally required)
Causation (constitutionally required)
No third party standing
No generalized grievances
Standing -- Injury
injury that is personal to the P
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?
Standing -- No third party standing
P may not litigate the constitutional rights of a third party who is not before the court
- there is a substantial obstacle for the third party (ie. deployed soldier)
- there is a sufficiently close relationship b/t third party and P (ie. parent/child)
- Congress confers 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
Standing -- no generalized grievances
injury must affect you specifically
ie. tax payers may not litigate merely on the status as a federal taxpayer
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
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