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Justiciability: Difference between revisions

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In order for an issue to be justiciable by a [[United States federal court]], all of the following conditions must be met:
 
* The Courtparties willmust not grantbe seeking an [[advisory opinion]]s.
* There must be an [[actual controversy]] between the parties,<ref>''[http://supreme.justia.com/us/219/346/case.html Muskrat v. United States]'', {{ussc|219|346|1911}}</ref> meaning that the parties can not agree to a lawsuit where bothall parties seek athe same particular judgment from the court (known as a collusive suit or [[friendly suit]]); rather, the parties have tomust each be seeking a different outcome.
* The question must be neither [[ripeness|unripe]] nor [[mootness|moot]].<ref>''[http://supreme.justia.com/us/367/497/case.html Poe v. Ullman]'', {{ussc|367|497|1961}}; ''[http://supreme.justia.com/us/416/312/case.html DeFunis v. Odegaard]'', {{ussc|416|312|1974}}</ref>
**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. However, if the issue is likely to reoccur, yet will continually become moot before aany challenge is able tocan reach thea court of competent jurisdiction ("capable of repetition, yet evading review"), the courtcourts mightmay allow a case that is moot to be litigated.<ref>''[http://supreme.justia.com/us/410/113/case.html Roe v. Wade]'', {{ussc|410|113|1973}}</ref>
* The courtsuit must not be askedseeking tojudgment resolveupon a [[political question]].<ref>''[http://supreme.justia.com/us/506/224/case.html Nixon v. United States]'', {{ussc|506|224|1993}}</ref>
** Political questions involve matters where there is:
***"a textually demonstrable constitutional commitment of the issue to a coordinate political department" (meaning that the U.S. Constitution requires another branch of government to resolve questions regarding the issue); or
***"a lack of judicially discoverable and manageable standards for resolving it."
** Political questions include such issues as whether the nation is 'at war' with another country, or whether the [[U.S. Senate]] has properly "tried" an [[impeachment|impeached]] federal officer.
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If the case fails to meet any one of these requirements, the court cannot hear it.
 
[[U.S. state|State]] courts tend to require a similar set of circumstances, although some [[U.S. state|states]] permit their courts to give [[advisory opinions]] on questions of law, even though there may be no actual dispute between parties to resolve.
 
==In the United Kingdom==