Legal Definitions - justiciable

Definition: Justiciable refers to a matter that can be decided by a court. If a case is justiciable, it means that it is suitable for courts to hear and decide on the merits. However, if a case is not justiciable, the court must dismiss it. Before agreeing to hear a case, a court first examines its justiciability. This preliminary review applies a number of tests based on judicial doctrines. These tests concern:

• The plaintiff
• The adversity between the parties
• The substance of the issues in the case
• The timing of the case

For a case to be heard, it must survive this review.

Example: A dispute between two neighbors over a property line is justiciable because it can be decided by a court. The plaintiff (the neighbor who filed the lawsuit) and the defendant (the other neighbor) are in an adversarial position, and the substance of the issue (the property line) is something that a court can rule on. Additionally, the timing of the case is appropriate because the dispute is ongoing and has not been resolved through other means.

Explanation: This example illustrates how a case can be justiciable. The dispute between the neighbors meets all of the tests for justiciability, so a court would be able to hear the case and make a decision. However, if the dispute was over something that a court could not rule on (such as a disagreement over personal taste), the case would not be justiciable and would be dismissed.