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Justiciability - Coggle Diagram
Justiciability
Standing and Ripeness
Is there an injury in fact?
(Has a harm occurred?)
Yes
Standing
Causation: Is it fairly traceable?
Yes
Is it redressable?
Yes
Standing
Injunction
Pay lost wages
Stop action
No
No standing
No
No standing
No
Ripeness
Is it a factual or legal question?
Legal
Types of Legal Issues
Anticipating a new rule will be enforced against you
Challenging the constitutionality of a state law
Challenging an administrative agency's actions or policies
Challenging a criminal statute before it's enforced
Does it require more factual developments?
Yes
Not Ripe
No
Would the parties suffer immediate and significant harm if the court doesn't hear the case?
No
Not Ripe
Yes
Ripe
Factual
Is it based on contingent future events that may not occur?
No
Unripe
Yes
Ripe
Mootness
Has the underlying controversy ended?
No
Not Moot
Yes
Moot
How the Controversy May End
Parties agree to settle the case
The law changes and makes the issue irrelevent
The case becomes outdated due to the passage of time
One of the parties dies
The government repeals the action that was part of the case
Exceptions
Voluntary Cessation
Class Action Representative Exception
Capable of Repetition Yet Evading Review
Political Question Doctrine
Does the case deal with issues the Constitution makes the sole responsibility of the executive and/or legislative branch?
Yes
Federal courts
cannot
hear the case
No
Federal courts
can
hear the case