Justiciability is
one of several criteria that the United States Supreme Court use to
make a judgment. In order for an issue to be justiciable (liable to
be tried in court) by a United States federal court, all of the
following conditions must be met.
The parties must not be seeking an advisory opinion.
There must be an actual controversy between the parties, meaning
that the parties cannot agree to a lawsuit where all parties seek
the same particular judgment from the court (known as a friendly
suit); the parties must each be seeking a different outcome.
The question must be neither unripe nor moot.
An unripe question is one for which there is not yet at least a
threatened injury to the plaintiff, or where all available judicial
alternatives have not been exhausted.
A moot question is one for which the potential for an injury to
occur has ceased to exist, or where the injury has been removed.
No comments:
Post a Comment
Comments