Question

Reason for justiciable

Answer 1

Not all cases brought before courts are accepted for their review. The U.S. Constitution limits the federal courts to hearing nine classes of cases or controversies, and, in the twentieth century, the Supreme Court has added further restrictions. State courts also have rules requiring matters brought before them to be justiciable.

Before agreeing to hear a case, a court first examines its justiciability. This preliminary review does not address the actual merits of the case, but instead applies a number of tests based on judicial doctrines. At their simplest, the tests concern (1) the plaintiff, (2) the adversity between the parties, (3) the substance of the issues in the case, and (4) the timing of the case. For a case to be heard, it must survive this review. In practice, courts have broad power to apply their tests: they commonly emphasize whichever factors they deem important. This irregularity has made the analysis of justiciability a difficult task for lawyers, scholars, and the courts themselves.