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Standing Mootness And Ripeness Outline

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This is an extract of our Standing Mootness And Ripeness document, which we sell as part of our Constitutional Law II Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Constitutional Law II Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:



** Plaintiff is likely to have suffered an injury that results from a violation of his rights that is likely to be redressed by a judicial decision o (1) P must have suffered a concrete injury
? Injury need not be economic
? Could be aesthetic

* Note that the requirement of injury very much overlaps the ripeness doctrineLimitation

* One has no standing to assert a generalized grievance o P must have suffered an injury that was not suffered by all members of the public generally o An exception, however -
? Is that a taxpayer may challenge gov't expenditures that violate the establishment clause

* (even though all taxpayers have the same generalized grievance)

o (2) P's rights must have been violated
? General rule:

* There is no standing to assert the rights of third party (jus tertii)

* P does not have standing to challenge state action that violates someone else's rightsExceptions - Overbreadth Doctrine

* Where a law is overbroad, any person injured by the law may challenge it, even if the law does not violate his rights o Example
? Pornographer selling unprotected obscene material may challenge a law banning materials depicting nudity because a law that prohibited all nude photography would be overbroad
? Law does not violate the pornographer's rights, because he has no right to sell obscene material
? Nevertheless, because he is injured by the law and it is overbroad, he may

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