Posted: January 4th, 2023
Case of Controversy Requirement Essay.
Case of Controversy Requirement” Please respond to the following:
Discuss how the concepts of standing and ripeness affect the justiciability of a cause of action.
For a court to consider a case it must have jurisdiction, have a recognized statutory period, and be truly adversarial for which no previous decision has been given. Create and present a case in which these components are present and identify any variables that may impact the court’s decision to proceed.Case of Controversy Requirement Essay.
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Case or Controversy Requirement
How the concepts of standing and ripeness affect the justiciability of a cause of action
Courts use the judicial doctrines of standing and ripeness to decide the justiciability of cases and to get rid of cases that are not justiciable. The standing is the competence of the plaintiff to bring a lawsuit to court. To have a standing, the plaintiff should have a lawfully adequate individual interest in the case and should be harmed by the conduct of the defendant. Ripeness is the readiness of a lawsuit for litigation. As Schubert (2015) indicates, ripeness inquiry is focused on whether a case has sufficiently developed to be brought before the court for adjudication. If a case isn’t ripe for adjudication it is nonjusticiable if it has been brought before a court prematurely. A standing inquiry is focused on the person who filed the lawsuit (plaintiff) is the appropriate entity or person to bring this certain claim before a court. If a plaintiff lacks a standing and the case is unripe, it is nonjusticiable and therefore no cause of action can be taken.Case of Controversy Requirement Essay.
A case in which jurisdiction, recognized statutory period and adversarial components are present
On February 5, 2013, a surgeon performs a gallbladder operation on Mary but accidentally removes Mary’s spleen. The surgeon informs Mary of this surgical error after she wakes up. Mary does sue the doctor for medical malpractice. After two years and two months, Mary develops a blood clot as a result of the removal of the spleen and decides to file against the doctor in Texas state court through her two lawyers. Mary’s case cannot be adjudicated because the statutory period for filing a medical malpractice lawsuit is two years. Mary’s time period for filing a suit against the doctor starts to run on February 5, 2013, since the injury happened on this date and Mary, in fact, knew about it. if the two-year statutory period applies to Mary’s case, she would have had two years from February 5, 2013, to sue the doctor.Case of Controversy Requirement Essay.
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