Also known as: standing requirement · requirements for standing · standing · locus standi requirements
Written by attorneys · grounded in primary & secondary sources — see below
The legal criteria that a party must satisfy to initiate or maintain an action or proceeding in court. Satisfaction typically requires a personal stake in the outcome or explicit statutory authorization.
Sean Steele is charged with assault after a violent outburst he attributes to mental illness. He files a pretrial motion seeking to dismiss the prosecution. The court examines whether he has a personal stake sufficient to satisfy standing requirements before reaching the merits of his defense.
Sylvia Santos hires Sterling Dynamics to install specialized equipment. The work falls below the skill level normally exercised by competent professionals. She sues for damages and the court first determines whether she meets standing requirements to bring the claim against the provider.
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Sierra Solutions grants a security interest in a fleet of delivery vehicles to its lender. A dispute arises over enforcement rights. The court checks whether the lender satisfies standing requirements to initiate the replevin action under the governing statute.
Santiago Sanchez uses force to repel an attacker who threatens serious injury. He is later sued civilly and asserts privilege. The court first verifies that he possesses standing requirements to raise the defense in the proceeding.
Simon Stern, a farmer, grants a security interest in his growing corn crop. A priority dispute later arises with a creditor. The court determines whether Stern meets standing requirements to contest the secured party's enforcement action.
Sydney Santos, a minority shareholder, files a derivative action on behalf of Starlight Media. The court examines whether she meets the standing requirements imposed by statute for such suits. It dismisses the action because the requirements are not satisfied.
A plaintiff must demonstrate a concrete and particularized injury that is fairly traceable to the defendant's conduct and likely to be redressed by a favorable decision.
Statutory standing rules focus on whether a party falls within the class of persons authorized by the legislature to sue, while constitutional standing additionally requires injury in fact, causation, and redressability.
A minority shareholder may meet standing requirements when the statute authorizes any shareholder to petition or when the facts show oppression or deadlock affecting the petitioner's interest.
A person present solely for a commercial transaction without a prior relationship or overnight stay generally lacks a reasonable expectation of privacy and therefore lacks standing to challenge the search.
A class member who objects to a settlement order obtains standing to appeal even without formal intervention in the underlying action.
…of restricting corporate political speech—that is itself in doubt. See Fallon, As-Applied and Facial Challenges and Third-Party Standing, 113 Harv. L. Rev. 1321, 1339 (2000) (“[O]nce a case is brought, no general categorical line bars a court from making broader pronouncements of invalidity in properly ‘as-applied’ cases”);…