Also known as: stands · stood · standing
Written by attorneys · grounded in primary & secondary sources — see below
To occupy or hold a specified legal position, relationship, or status, or to exist independently in a legal context.
Select any source to read its text and confirm it supports the definition.
Samantha Stone is charged with assault after attacking a neighbor. She presents evidence that mental illness caused her to lose all self-control during the incident. The court rules that this loss of control standing alone supplies no defense under the traditional M'Naghten test.
Spencer Silver advises Sabrina Shah on an investment. Silver stands in a fiduciary relation to Shah because he manages her portfolio. Shah justifiably relies on Silver's opinion about the investment's value despite its optimistic tone.
Sydney Santos and Skylar Sullivan form a new corporation and sell their own land to it at an inflated price. They stand in a fiduciary relationship to the corporation and to contemplated original investors. Because they fail to disclose the profit to all initial shareholders, the corporation recovers the secret profit.
Stella Shapiro, a Black student, challenges a state law requiring segregated schools. The Court holds that all persons stand equal before the laws of the States under the Equal Protection Clause. The statute therefore violates the Fourteenth Amendment.
A trustee seeks to bind beneficiaries to a trust accounting. Several general principles stand out from prior cases on notice. Notice must be reasonably calculated to apprise interested parties of the proceeding.
Same-sex couples seek recognition of their marriages. Prior right-to-marry cases stand for the limited proposition that restrictions on access to marriage as traditionally defined may violate due process. Those cases do not require a state to redefine marriage itself.
No. A loss of self-control caused by mental illness standing alone does not provide a defense. The traditional test focuses on whether the defendant knew the nature and quality of the act or that it was wrong.
Reliance is justified when the maker stands in a fiduciary or similar relation of trust and confidence to the recipient and the fact to which the opinion relates is material.
Promoters stand in a fiduciary relationship to the corporation and to all contemplated original investors. They must make full disclosure of any secret profits to every person contemplated as part of the original financing scheme.
…District Court for the Northern District of Texas, to which the action was referred, held that the Does and Hallford had no standing to sue, but that Roe did have standing, and that the Texas abortion laws were unconstitutional. The court declared the laws void but refused to issue an injunction against their…