Survey

JUSTICIABLE

Capable of being tried in a court of law or equity; Feasible for a court to carry out and enforce its decision, as opposed to having jurisdiction – the authority to hear a case. A court can have jurisdiction, but at the same time have a nonjusticiable issue before it. EXAMPLE: A governor is required by law to extradite a person sought by another state when that state institutes proper legal proceedings. Still, the governor may decide not to extradite if, for example, he or she sees an obvious life-threatening situation should the person be returned to the state seeking him or her. In such instances, a court will usually deem the failure to extradite as a nonjusticiable controversy and will take no action to force the governor to extradite. JUSTICIABLE CONTROVERSY a real controversy appropriate for judicial determination, as distinguished from a hypothetical dispute; a dispute that involves legal relations of parties how have real adverse interests, and upon whom judgment may effectively operate through a conclusive decree.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016