Standing (law) in the context of "Case or controversy"

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⭐ Core Definition: Standing (law)

In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations:

  • The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. In informal terms, a party must have something to lose. The party has standing because they will be directly harmed by the conditions for which they are asking the court for relief.
  • The party is not directly harmed by the conditions for which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued existence of the harm may affect others who might not be able to ask a court for relief. In the United States, this is grounds for asking for a law to be struck down for violating the First Amendment to the Constitution of the United States, because, even though the plaintiff might not be directly affected, the law might adversely affect others, because they might not know when they were violating it. This is known as the "chilling effects" doctrine.
  • The party is granted automatic standing by act of law. For example, under some environmental laws in the United States, a party may sue someone causing pollution to certain waterways without a federal permit, even if the party suing is not harmed by the pollution being generated. The law allows the plaintiff to receive attorney's fees from the defendant if they substantially prevail in the action. In some U.S. states, a person who believes a book, film, or other work of art is obscene may sue in their own name to have the work banned directly without having to ask a district attorney to do so.

In the United States, a person may not bring a suit challenging the constitutionality of a law unless they can demonstrate that they are or will "imminently" be harmed by the law. Otherwise, the court will rule that the plaintiff lacks standing to bring the suit and will dismiss it without considering the merits of the claim of unconstitutionality.

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👉 Standing (law) in the context of Case or controversy

The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing.

In this context, "controversy" means an actual dispute between the parties.

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Standing (law) in the context of Jurisdiction

Jurisdiction (from Latin juris 'law' and dictio 'speech' or 'declaration') is the legal term for the legal authority held by a legal entity to enact justice. Jurisdiction is rarely claimed to be complete: rather it is limited for example by geography, subject matter, or other factor. It is only within the scope (inside the limits) of such jurisdiction that, for example, the parties to a dispute have standing to bring the matter (a legal question) before a judge, who has power (or 'jurisdiction') to decide it authoritatively.

A "jurisdiction" can also be understood as a category name for any separate polity legally constituted as such — for any government with legislative and other legal power over a particular territory, whether that area is a nation state or some smaller region. Thus, Australia, Arizona, North Yorkshire and New York City are each "a jurisdiction". In federations like the United States, jurisdiction in this polity sense applies at multiple levels (e.g., local, state, and national/federal).

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Standing (law) in the context of Judicial restraint

Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing (locus standi) and a reluctance to grant certiorari; and a tendency to deliver narrowly tailored verdicts, avoiding "unnecessary resolution of broad questions."

Judicial restraint may lead a court to avoid hearing a case in the first place. The court may justify its decision by questioning whether the plaintiff has standing; by refusing to grant certiorari; by determining that the central issue of the case is a political question better decided by the executive or legislative branches of government; or by determining that the court has no jurisdiction in the matter.

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Standing (law) in the context of Personal jurisdiction

Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has personal jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing or locus standi, which is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.

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Standing (law) in the context of Animal law

Animal law is a combination of statutory and case law in which the nature – legal, social or biological – of nonhuman animals is an important factor. Animal law encompasses companion animals, wildlife, animals used in entertainment and animals raised for food and research. The emerging field of animal law is often analogized to the environmental law movement because "animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold in the United States and abroad".

Animal law issues encompass a broad spectrum of approaches – from philosophical explorations of the rights of animals to pragmatic discussions about the rights of those who use animals, who has standing to sue when an animal is harmed in a way that violates the law, and what constitutes legal cruelty. Animal law permeates and affects most traditional areas of the law – including tort, contract, criminal and constitutional law. Examples of this intersection include:

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Standing (law) in the context of Justiciable

Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable.

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