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LSDefine

Simple English definitions for legal terms

justiciable

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A quick definition of justiciable:

Justiciable means that a case can be decided by a court. If a case is not justiciable, the court cannot hear it. Before a court agrees to hear a case, it checks if it is justiciable by applying tests based on judicial doctrines. These tests look at the plaintiff, the issues in the case, and the timing of the case. If a case passes these tests, it can be heard by the court.

A more thorough explanation:

Definition: Justiciable refers to a matter that can be decided by a court. If a case is justiciable, it means that it is suitable for courts to hear and decide on the merits. However, if a case is not justiciable, the court must dismiss it. Before agreeing to hear a case, a court first examines its justiciability. This preliminary review applies a number of tests based on judicial doctrines. These tests concern:

  • The plaintiff
  • The adversity between the parties
  • The substance of the issues in the case
  • The timing of the case

For a case to be heard, it must survive this review.

Example: A dispute between two neighbors over a property line is justiciable because it can be decided by a court. The plaintiff (the neighbor who filed the lawsuit) and the defendant (the other neighbor) are in an adversarial position, and the substance of the issue (the property line) is something that a court can rule on. Additionally, the timing of the case is appropriate because the dispute is ongoing and has not been resolved through other means.

Explanation: This example illustrates how a case can be justiciable. The dispute between the neighbors meets all of the tests for justiciability, so a court would be able to hear the case and make a decision. However, if the dispute was over something that a court could not rule on (such as a disagreement over personal taste), the case would not be justiciable and would be dismissed.

justiciability | justifiable homicide

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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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