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Simple English definitions for legal terms

justiciability

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A quick definition of justiciability:

Justiciability is about what kinds of cases a court can hear. If a case is "nonjusticiable," then the court cannot hear it. To be justiciable, the court must be deciding a real problem, the person bringing the case must have a good reason to do so, and the issue must be ready to be decided. The court will not hear a case if it is just giving advice, if the person bringing the case has not been harmed, if the issue is not ready to be decided, or if the issue is too political.

A more thorough explanation:

Overview: Justiciability refers to the types of cases that a court can hear and decide. If a case is "nonjusticiable," then the court cannot hear it. To be justiciable, the court must not be offering an advisory opinion, the plaintiff must have standing, and the issues must be ripe but neither moot nor violative of the political question doctrine. These issues are all up to the discretion of the court that is deciding the case.

Advisory Opinion: An advisory opinion is a court's nonbinding interpretation of a legal question. Federal courts can only decide actual controversies, as required by the Case and Controversy Clause of the Constitution. Some state courts can issue advisory opinions under limited circumstances, but these circumstances are usually specified in the state's constitution.

Standing: Standing refers to the ability of a plaintiff to bring a lawsuit in court. The plaintiff must have suffered an actual harm caused by the defendant, and the harm must be redressable. For example, if someone sues a company for selling a defective product that caused them harm, they have standing to bring the lawsuit.

Ripeness: A claim is ripe when the facts of the case have matured into an actual controversy. A case is not ripe if the harm to the plaintiff has not yet occurred. For example, if someone sues a company for a potential harm that may happen in the future, the case is not ripe because the harm has not yet occurred.

Mootness: A claim is moot if the relevant issues have already been resolved. For example, if someone sues a company for a harm that has already been fixed, the case is moot because there is no longer a controversy to decide.

Political Question Doctrine: Under the political question doctrine, a court will refuse to hear a case if the relevant issues are politically charged. For example, if someone sues the government over a political decision, the court may refuse to hear the case because it is a political question that should be decided by the elected officials, not the courts.

Example: John sues a company for selling him a defective product that caused him harm. John has standing to bring the lawsuit because he suffered an actual harm caused by the company. The case is ripe because the harm has already occurred, and it is not moot because the harm has not been resolved. The court can hear this case because it is justiciable.

justice system | justiciable

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2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
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