Justiciable refers to a matter which is capable of being decided by a court. Justiciable means that a case is suitable for courts to hear and decide on the merits. On the other hand, 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, and
- The timing of the case.
For a case to be heard, it must survive this review.
[Last updated in April of 2022 by the Wex Definitions Team]
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