Justiciability (Ability for the court to exercise judicial authority on an issue) Flashcards
What is ripeness?
Is whether is case is ready to be litigated.
When is a case ripe (ripeness)?
When actual harm or an immediate threat of harm exists
When may a court grant pre-enforcement review of a statue/law?
When does an issue become moot?
When the dispute ended or was resolved before review.
What is an exception to mootness?
When an issue can be repeated but escapes review, voluntary cessation but can resume at any time, or class actions where at least one member has an ongoing injury
When does a federal court abstain from resolving a constitutional claim?
When it depends on an unsettled question of state law
What article of the constitution is justiciability based on?
Article III
It limits federal courts to hearing actual cases and controversies
What is standing?
The ability for P to sue in court
What is needed for standing?
P must personally suffer an injury in fact (a concrete and particularized injury), there is causation, and the injury is redressable by court order
What must a P show for injunctive/declaratory relief?
A concrete imminent threat of future injury
What is needed for Third-party standing?
Generally 3rd party standing is not permitted unless a close relationship exists, it is difficult or unlikely for the 3rd party to assert their own rights, or the 3rd party is an organization
What is organization standing?
An organization is allowed to sue on behalf of the members if the suit is related to an issue germane to the organization’s purpose; the members would have standing to sue; and members participation is not necessary
What is taxpayer standing?
P may bring a lawsuit regarding specific amounts owed under their tax bill. But a party does not have standing solely for being a taxpayer (i.e. challenging govt. expenditures)
