Judicial Review – Justiciability
Assessment Questions
Question 1
Which of the following statements about justiciability is incorrect?
a
It’s a constitutional requirement that federal courts hear only cases or controversies.
b
Justiciability is only an issue in federal district courts, not before the Courts of Appeals or the Supreme Court.
c
To be justiciable, the action must involve an actual dispute between the parties.
d
A matter is not justiciable if the parties’ conflict is resolved while the case is pending.
Justiciability is a constitutional requirement for all Article III courts, not just district courts. On the MBE, you should consider justiciability for every case that’s brought in a federal court, regardless of the level of the court or the procedural posture.
Question 2
Which of the following is not one of the four doctrines of justiciability?
a
Ripeness
b
Mootness
c
Standing
d
Federal question
The justiciability of a case doesn’t turn on whether there’s a federal question at stake. Raising a federal question is one way to establish that a federal court has jurisdiction over the matter under Article III. But justiciability is a distinct issue that involves ripeness, mootness, standing, and the political question doctrine.
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