Justiciable is a legal term that refers to a dispute or claim that can be heard and decided upon by a court of law. In other words, it is a matter that is legally valid and has the potential for a court to have jurisdiction.
A justiciable matter must meet certain criteria; a dispute must exist between two distinct parties, the parties must have come to a legal disagreement to which the court can apply a legally recognized remedy or solution, and the claim must fall within the court’s authority. The phrase “justiciable controversy” is often used to describe a case that is within the scope of legal action. An example of a justiciable controversy is a contract dispute, such as a breach of contract or violation of terms claim filed by one party against another.
Not all legal matters are justiciable – some are simply personal opinions or matters that are outside the jurisdiction of a court or tribunal. For example, a personal financing decision between two individuals is not justiciable, nor would a party filing a claim for possession of property that exceeds the court’s authority. Additionally, if a case involves a topic of public policy, then it is outside the court’s jurisdiction.
How to Tell a Justiciable Case From a Non-Justiciable Case
An easy way to distinguish between justiciable and non-justiciable cases is to think of a legal issue as a puzzle. A justiciable case is one that the court can assemble the puzzle pieces to fit together properly and reach a resolution. On the other hand, a non-justiciable case is one that cannot be logically concluded with the pieces given: either the pieces don’t fit or the puzzle doesn’t have enough pieces to make a whole.
In other words, if the case presents a problem that the court can apply the rules of law to resolve, then it is a justiciable case. Examples of justiciable cases include contract disputes, patent infringement, employment discrimination, and other matters that violate a law or legal right.
The Importance of Being Justiciable
The term “justiciable” is important for stakeholders in a legal situation, as it signals whether or not a dispute will be upheld in court. Moreover, it is also a sign to attorneys as to whether a case should be pursued or abandoned based on the viability of a case in court.
It is of the utmost importance for groups looking to engage in legal action to understand what kind of disputes are justiciable and whether they have a case. The understanding of “justiciable” makes it possible to distinguish between a potential legal solution that can be pursued in court or one that is better suited for out-of-court negotiations.