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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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