Maria, owner of a local bakery, files a lawsuit challenging a newly enacted city regulation that restricts operating hours for many food establishments. She claims that this regulation diminishes her ability to serve customers during evening hours. Currently, the regulation is not being enforced, and her bakery continues to operate without any changes. Can the court hear Maria's lawsuit at this time?
No, because additional evidence is required to support her claims.
Yes, because the regulation affects many businesses of her type in the city.
Yes, because the court can assess the legality of the regulation's intent.
No, because the regulation has not directly impacted Maria's bakery.
Maria's lawsuit cannot be heard because she has not experienced a direct impact from the regulation. For judicial review to occur, the plaintiff must demonstrate that they have suffered or will imminently suffer an injury due to the challenged law.
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Multistate Bar Examination
Constitutional Law
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