ABSTRACT
This chapter focuses on numerous concepts that sometimes impede the ability of people or groups to resort to the courts for resolution of disputes. Some of these are constitutional, some are “judge created,” and some are statutory. According to Article 3 of the Constitution, the judicial power of United States extends to all “cases and controversies” involving citizens of different states, and federal questions. This is the constitutional requirement of jurisdiction. Justiciability refers to the type of decision and subject matter involved in a case. A case is said to be justiciable if it is the type of issue that a court is capable of resolving. The basic idea behind standing is to prevent the courts from issuing decisions in which the best arguments are not presented by both sides. The Ripeness Doctrine deals with whether this is the appropriate time for a court to intervene in the matter. Ripeness questions most frequently arise when dealing with federal agency actions.
