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Justiciability Doctrines - Coggle Diagram
Justiciability Doctrines
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Mootness
A plaintiff must present a live controversy (between adverse litigants) at all stages of fed. court litigation
Exceptions to the mootness doctrine
- "capable of repetition but evading review"
- voluntary cessation
- class action suits
"capable of repetition but evading review"
- if there is an injury likely to recur & it is possible that it could happen to the plaintiff again & it is of such short duration that it likely always evades review
voluntary cessation
- if the def. voluntarily ceases the allegedly improper behavior but is free to return to it at any time
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Ripeness
Seeks to separate matters that are premature for review b/c injury is speculative & never may occur
- must show that a harm has occurred or imminently will
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Standing
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Constitutional Standing
- Injury
- must have suffered a direct injury or imminently will suffer an injury
- Causation
- the act must have caused the injury to the party
- Redressibility
- can a fed. court provide a solution to the injury?
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Prudential Standing
- can be overturn by Congress
- includes a prohibition on 3rd party & a prohibition of generalized grievances
Third Party Standing
(Singleton v. Wulff)
- What is the relationship between the litigant (3rd party) to the person whose right he/she is asserting?
- What is the ability of the party (who has suffered an injury) to assert his/her own right?
Prohibition on Generalized Grievances
- prevents individuals from suing if their only injury is as a citizen or a taxpayer concerned with having the gov't follow
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