Justiciability

Question 1

Standing

Answer 1

• Article III of the Constitution limits federal courts to deciding actual cases or controversies. As such, a plaintiff MUST have standing to sue in federal court.
Standing exists when the plaintiff: (1) personally suffered an injury in fact (the plaintiff has been injured or injury is imminent); (2) the injury was caused by the defendant (a reasonable connection is sufficient); AND (3) the injury is redressable by a court order.

Question 2

Standing–Injunctive Relief

Answer 2

• When a plaintiff is seeking injunctive or declaratory relief, he must show that there is a concrete, imminent threat of future injury that is neither conjectural nor speculative.

Question 3

Third-Party and Organizational Standing

Answer 3

• Generally, third-party standing is NOT permitted. However, an exception is made when: (a) there is a close relationship between the plaintiff and the third-party (i.e. doctor/patient); (b) it would be difficult or unlikely for the third-party to assert their rights on their own; OR (c) the third-party is an organization.
• An organization has standing to sue on behalf of its members if: (a) the suit is related to an issue that is germane to the organization’s purpose; (b) the organization’s members would have standing to sue (injury in fact to the members); AND (c) the members’ participation is not necessary.

Question 4

Advisory Opinions

Answer 4

• Article III of the Constitution limits federal courts to deciding actual cases or controversies. As such, a court CANNOT give advisory opinions or address hypothetical disputes.

Question 5

Ripeness

Answer 5

Ripeness refers to whether the case is ready to be litigated. A case is ripe for review by a court when there is actual harm or an immediate threat of harm to the plaintiff.

o A court may grant pre-enforcement review of a statute or law after considering: (1) the hardship of the parties if the court withholds review; AND (2) the fitness of the record for review.

Question 6

Mootness

Answer 6

Mootness refers to instances when the dispute has ended or was resolved before review. However, a court may hear a case that has ended or was resolved when: (a) the wrong alleged is capable of being repeated and escaping review; (b) the defendant voluntarily stops an offending practice, but can resume it at any time; OR (c) in a class action, where at least one member of the class has an ongoing injury.