AJ 025 Lecture Notes - Lecture 11: Political Question, Ripeness, Mootness
15 Sep 2020
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Some states and foreign countries require judges of highest court to advise executive or legislature on their views on the constitutionality of a proposed policy. Federal judges in u. s have refused to issue such opinion, believing that they. However, justices sometimes give suggestions/indirect advice, or use violate separation of powers principle. Court almost always will not decide cases in which litigants (1) want the same outcome, (2) show no real adversariness between them, or (3) are merely testing the law. In general, court will not decide cases in which controversy is no longer live by the time it reaches court. Class-action lawsuits like roe v. wade (1973) are one of few exceptions. Unripe cases are those brought too early; case is nonjusticiable if controversy is premature for review. Party must exhaust all available lower court remedies before seeking review by. Court recognizes some matters that they will not address because they are better solved by other branches of government.
