Also known as:stands to sue · stood to sue · standing · locus standi
Written by attorneys · grounded in primary & secondary sources — see below
A party's right to make a legal claim or seek judicial enforcement of a duty or right. In federal court a plaintiff must demonstrate actual injury caused by the challenged conduct and that the interest falls within the zone of interests protected by the relevant statute or constitutional provision.
Sources & Authorities
How it applies
Common Examples
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Insanity Defense Challenge
Selena Singh was charged with assault after a mental health episode. Her attorney moved to dismiss on M'Naghten grounds. The prosecutor argued that Singh lacked standing to raise the defense because her claimed loss of control did not meet the traditional test elements. The court denied the motion after finding the requisite injury and interest alignment.
Professional Negligence Suit
Sierra Santos hired a local architect whose work fell below community standards. Santos sued for damages. The architect moved to dismiss claiming Santos lacked standing because she had not shown the required professional skill breach. The court found standing satisfied by the actual injury and protected interest.
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Santiago Sanchez claimed a security interest in movable equipment. When a creditor seized the items Sanchez sued to recover them. The creditor challenged standing on the ground that the items were not goods under the UCC definition. The court upheld standing after confirming the interest and injury.
Self-Defense Claim
Stephen Shaw used force during an altercation and faced battery charges. He asserted self-defense. The state argued Shaw lacked standing to claim the privilege because the harm was not serious bodily harm. The court ruled that Shaw had standing given the concrete injury and protected interest.
Farm Products Collateral
Sophia Singh granted a security interest in crops. After default the lender sought to foreclose. Singh challenged the action claiming the lender lacked standing because the items were not farm products. The court found standing because the lender showed injury and a protected interest under the definition.
Abortion Statute Challenge
Scott Summers, a physician, faced prosecution under a state abortion law. He sued for declaratory relief. The state moved to dismiss for lack of standing. The court held that Summers had standing because he demonstrated actual injury and an interest within the protected zone.
Roe v. Wade410 U.S. 113 (1973)
Common questions
Frequently Asked
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What must a plaintiff show to establish standing in federal court?+
A plaintiff must demonstrate actual injury caused by the challenged conduct and that the interest falls within the zone of interests protected by the statute or constitutional provision at issue.
Supporting sources
Does an intended beneficiary have standing to enforce a contract?+
Yes. An intended beneficiary possesses standing to sue to enforce contractual duties owed directly to that beneficiary, including by seeking specific performance when appropriate.
Can a party without legal title to a patent sue for infringement?+
No. Only holders of legal title have standing to sue for patent infringement. Equitable title holders must first convert their interest to legal title.
Supporting sources
Does a class member who objects to a settlement have standing to appeal?+
Yes. A class member who objects to approval of a class action settlement has standing to appeal the order even without having formally intervened.
410 U.S. 113 (1973)Constitutional Law
…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 enforcement.…