A party has standing when they have CONCRETE STAKE in the outcome of a case at all stages of
litigation, including on appeal.
1) Injury... [Show More] - Plaintiffs may only assert injuries they have PERSONALLY suffered or will IMMINENTLY
suffer, but the injury does not have to be economic.
2) Causal Connection - Plaintiffs must allege and prove that the defendant caused the injury so that a
favorable court decision is likely to remedy the injury (redressability). Article III prohibits courts from
issuing advisory opinions. Correct Answers: When does a party have standing to bring a matter to
court for adjudication?
1) a claimant with standing in their own right may also assert the rights of a third party if
a) there is a close relationship between the plaintiff and the injured third party OR
b) the injured third party is UNLIKELY to be able to assert their own rights
2) An organization may sue for its members, if
a) the members would have standing to sue
b) the interests are germane to the organization's purpose
c) neither the claim nor the relief requires the participation of individual members Correct Answers:
Can a plaintiff assert claims of third parties not before the court?
No, a plaintiff must NOT be suing SOLELY as a citizen or taxpayer interested in having the
government follow the law. Citizenship and taxpayer standing are NOT sufficient unless an exception
applies. Correct Answers: Can a citizen or taxpayer sue the government for generalized grievances?
1) Taxpayers have standing to challenge government expenditures made pursuant to federal (or state
and local) statutes as violating the ESTABLISHMENT CLAUSE.
2) Taxpayers have standing to litigate their tax bill (ex: whether they really owe X dollars) Correct
Answers: When does a taxpayer have standing to challenge government expenditures?
Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or
1) hardship that will be suffered without pre-enforcement review (the greater the hardship, the more
likely the court will hear the case)
2) fitness of the issues and the record for judicial review (does the court have all that it needs to
effectively decide the issue?) Correct Answers: What factors does the court consider to determine
They must show a likelihood of future harm Correct Answers: What must plaintiffs show when
seeking injunctive or declaratory relief?
1) wrongs capable of repetition but evading review
2) defendant voluntarily halts the offending conduct, but is free to resume at any time
3) a class action will not be dismissed if the named plaintiff's claim becomes moot AS LONG AS one
member of the class has an ongoing injury Correct Answers: What are exceptions to the general rule
of dismissing a case that is moot (plaintiff's injury has ended)?
The political question doctrine refers to constitutional violations that the federal courts will not
Political questions involve:
1) issues constitutionally committed to another branch of government
2) issues inherently incapable of judicial resolution
1) challenges based on the "Republican Form of Government" Clause of Article IV
2) challenges to the President's conduct of foreign policy
3) challenges to the impeachment and removal process
4) challenges to partisan gerrymandering Correct Answers: What is the political question doctrine?.. [Show Less]