Justiciability - sustany/dvg GitHub Wiki

Overview

Justiciability refers to the types of matters that a court can adjudicate. �If a case is�"nonjusticiable,"�then the court cannot hear it. Typically to be justiciable, the court must not be offering an advisory opinion, the plaintiff must have standing, and the issues must be ripe�but neither moot nor violative of the political question doctrine.�Typically, these issues are all up to the discretion of the court which is adjudicating the issue.�

Advisory Opinion

An advisory opinion is a court's nonbinding interpretation of a legal question.�

Under Article III, Section 2 of the Constitution, a federal court may only adjudicate an actual controversy. This is referred to as the Case and Controversy Clause.��

Some state courts are allowed to issue advisory opinions under limited circumstances, however these circumstances are typically enumerated within that state's constitution.�

Standing

Standing refers to the capacity of a plaintiff to bring suit in court. Typically, the plaintiff must have suffered an actual harm by the defendant, and the harm�must be redressable. �

Ripeness

A claim is ripe when the facts of the case have matured into an�actual controversy. A case is not ripe if the harm to the plaintiff has not yet occurred.�

Mootness

A claim is moot if the relevant issues have already been resolved.�

Political Question Doctrine

Under the political question doctrine, a court will refuse to hear a case if the relevant issues are politically charged.�