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Editing Constitutional Law Chemerinsky/Outline I
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**o ANALYSIS: “The Constitution does not require that the case or controversy should be presented by traditional forms of procedure, invoking only traditional remedies. [Article III] did not crystallize into changeless form the procedure of 1789 as the only possible means for presenting a case or controversy.” The Court emphasized that the focus was on “substance” and “not with form” and that the case was justiciable “so long as the case retains the essentials of an adversary proceeding, involving a real, not a hypothetical, controversy.” | **o ANALYSIS: “The Constitution does not require that the case or controversy should be presented by traditional forms of procedure, invoking only traditional remedies. [Article III] did not crystallize into changeless form the procedure of 1789 as the only possible means for presenting a case or controversy.” The Court emphasized that the focus was on “substance” and “not with form” and that the case was justiciable “so long as the case retains the essentials of an adversary proceeding, involving a real, not a hypothetical, controversy.” | ||
b). Standing | |||
*v The Supreme Court has declared that standing is the most important justiciability requirement. | *v The Supreme Court has declared that standing is the most important justiciability requirement. | ||
*v Standing is the determination of whether a specific person is the proper party to bring a matter to the court for adjudication. | *v Standing is the determination of whether a specific person is the proper party to bring a matter to the court for adjudication. |