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1.) Article 3 section 2 of US constitutions requires that a matter must be a “case” or “controversy” to be within the federal judicial power. This means that the parties must truly be adverse, the plaintiff’s claim of having suffered legal injuries are real and hypothetical, and the issues raised are neither abstract nor hypothetical
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A case is justiciable if it is well-suited for judicial determination
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Inquiry focuses on whether a case has developed sufficiently to be before a court for adjudication.
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| To have standing a plaintiff must have a legally sufficient personal stake in the outcome of the litigation and must be adversely affected by the defendants conduct |
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Cases are outside the judicial power because there is no case or controversy
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| Political Questions Doctrine |
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| Political issues should be resolved by the political branches of government, and not the judiciary. |
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| American courts should not determine the validity of public acts committed by a foreign sovereign within its own territory |
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| Time period, established by the legislature, within which an action must be brought upon claims or rights be enforced |
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| Traditional equitable doctrine. (Doctrine can be used in some circumstances to deny a plaintiff an equitable remedy) |
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| A judicial doctrine which provides that claims made by the plaintiff and claims that could have made, but were not, merge into the judgment and are extinguished. A subsequent suit against the same defendant based on the same claim is barred |
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| Participation in knowledge or interest. Persons who so participate are called privies |
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| A rule of law holding that nation or state, or its political subdivisions, is exempt from being sued, without its consent, in its own courts or elsewhere. Often criticized as being erroneously conceived, anachronistic, and unjust. Occasionally modified by court decisions, and various state and federal statues, e.g., tort claims act |
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prevented suits in tort between husbands and wives
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| severely limited the types of suits children can bring against their parents |
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