POLI 313; Rules of Justiciability

Adverseness Doctrine

- Parties and issues have to be real, not hypothetical, and have to present conflicting claims RE a particular issue

Standing Doctrine

- Individuals have to show personal injury and prove other remedies have been exhausted

- Injury cannot be hypothetical or premonitory

Standing Doctrine Cases

- Frothingham v Mellon

- Lujuan v Defenders of Wildlife

- Flast v Cohen

- Griswold v CN

Ripeness Doctrine

- Cases are rejected because injury claimed has not occurred or other avenues of appeal haven't been considered

Mootness Doctrine

- Prevents courts from ruling on cases that no longer require a decision

Political Questions Doctrine

- Courts will not hear cases involving issues that are best left to the political branches (Congress or the President) rather than the judiciary

Strict Necessity Doctrine

- Cases must be heard on the strictest and narrowest grounds

strict

- Courts should only decide on constitutional issues when absolutely necessary to resolve a case

Stare Decisis

"Let the decision stand" Decisions are based on precedents from previous cases