Article III Limitations on Judiciary: “Case or Controversy”

Advisory Opinion Standing Ripeness Mootness

Are there real litigants and a Has injury occurred or Has issue been
real controversy? is it imminent? Resolved?

N Y Y N N Y

Constitutional Questions

Can plaintiff show an injury?

- Is it “direct” “palpable” “concrete” “particularized”?

Y N

Is defendant the cause of the injury?

- Is it “traceable” to defendant?

N Y
Can the Court remedy the injury?
- Is problem capable of judicial resolution?

Y N
Prudential Questions

Is this a generalized taxpayer suit?

N Y Based on tax and spend power?

Y N

Violation of specific constitutional limit?

Y N
Is plaintiff asserting their own rights?

Y N Relationship inextricable?

Y N

Can real party assert rights?

N Y

JUSTICIABLE NON-JUSTICIABLE