Justiciability versus non-justiciability disputes
- Advisory Opinions
- Collusive Suits
- Mootness
- Ripeness
- Political Questions
A. lawsuit where the parties are not actually in disagreement, but are cooperating to steer the court towards some agreed-upon conclusion. Such suits are not allowed in federal court, because they are not adversarial. US v Johnson, 319 US 302 (1943).
B. In Colgrove v. Green (1946) the majority held that the question of legislative reapportionment within states was left open by the Constitution. If the Court intervened in a legislative power, it would be acting in a way "hostile to a democratic system."
C. In Toilet Goods Association, Inc. v. Gardner (1967), the Court denied judicial review because any harm from noncompliance with the FDA regulation at issue was too speculative in the Court's opinion to justify judicial review.
D. In Muskrat v. United States, 219 U.S. 346, 31 S. Ct. 250, 55 L. Ed. 246 (1911), the Court struck down an act of Congress that authorized the plaintiffs to sue the United States to determine the validity of certain laws.
E. In DeFunis v. Odegaard (1974) the Court refused to rule on the merits of DeFunis's claim because he would soon complete his law school studies at the end of the term regardless of any decision made by the Court.
F.Two people agree to fake an accident, so that the "victim" can sue the other person in order to collect from the other person's insurance.