Justiciability determines if a court can decide a matter. Standards vary by country and court level. If a case is actionable, the court has jurisdiction. Courts use standards to keep the legal system orderly. If a case is not adjudicatable, it must be tried elsewhere. Legal advice is recommended.
When a matter can be decided by a court, it is known as enforceable. Justiciability is determined by a review that the court carries out before deciding whether or not to accept the case. The standards that cases must meet to be considered adjudicatable depend both on the country in which a court is located, and on the particular court. Many nations divide their legal systems into lower and higher courts which have different standards of justiciability.
If an issue is actionable it means that a court actually has jurisdiction and has the power to hear the case and issue a decision. Some things that may determine justiciability include the type of case, the opinion required by the court, whether or not the case has been heard in other courts, and so on. Judges and paralegals review the case to see whether or not it can be heard in court based on the information presented by the parties involved.
The standards used by the different courts are set in part to encourage people to follow a specific path through the legal system. People can’t take cases directly to the supreme court, for example. They have to go through the lower courts in an appeals process, with the standards of justiciability changing at each level. This is done in part to keep the legal system orderly and also to create a clear sequence of events so that litigation cannot endlessly circle the legal system.
If a case is appropriate for review in a particular court, the court will indicate that it is an actionable matter and the case will be placed on the schedule for it to be heard. Courts may also review a case to determine where it stands, which is a slightly different concept. When a case is standing, it means it can validly be tried. The standards used to determine standing also vary.
Review of a case may determine that the court cannot hear the matter or cannot resolve it. In these cases, the case is not adjudicatable and must either be tried in another court or rephrase. Because the rules of justiciability can get quite arcane and extremely complex, it is usually necessary to consult a lawyer to determine which court a lawsuit should be filed with, and to present the lawsuit in a way that increases the likelihood that the court will agree to it.
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