Standing

Part 2

Judge Fletcher: STANDING: WHO CAN SUE TO ENFORCE A LEGAL DUTY?

Standing, or locus standi, is capacity of a party to bring suit in court.

Its important when going to court to know your standing. If there’s no harm done, there’s no standing. If harm was done, it can be criminal in nature or civil in nature. Was it criminal in nature? If intent can’t be proven, it’s not criminal in nature.

Suits can only be brought against like entities: corporation against corporation, man against man. Man can’t sue a corporation and a corporation can’t sue a man. There are 3 requirements for Article 3 sub. 2 standing in a court of record before a qualified chancellor:

You need to plead the controversy between the rules of equity and the rules of law.

To get into an Article 3, subsection 2, sub-part 1 venue ; the conflict of variance between the rules of equity and the rules of law pertaining to property tangible and intangible (your rights)

Article 3 standing:

1.     Injury in fact: You must be able to affirm with first hand perfected knowledge that you have sustained harm, damage or loss. If you’re going into equity don’t use the word injury. You will never find a personal harm lawyer, a personal loss lawyer or a personal loss lawyer. However, throughout the legal society you’ll find personal injury lawyers. Personal harm or loss means an invasion of a legally protected interest, that is: a) concrete or particularized and b) actual and imminent, not conjectural, or hypothetical. If conjectural or hypothetical, the suit will be dismissed for lack of standing and you open yourself up to being liable for slander, defamation. You don’t have proper standing prior to something happening.

2.     A casual relationship between the injury and the challenged conduct, which means the injury fairly can be traced to the challenged action of the defendant, of the man or woman. And it has not resulted from the independent action of some third party not before the court.

Instead of the terms “defendant” and “plaintiff” one may use “wrongdoer” and “claimant”, or “claimant” and “respondent”. Men and women file “claims” (use wrongdoer vs claimant or claimant vs respondent; corporations file “complaints”.

3.     The likelihood that the injury will be redressed by a favorable decision which means that the prospect of obtaining relief from the injury as a result of favorable ruling is not too speculative. Meaning, you have the evidence, you have the contract, the video, the photo and its not too far of stretch that the ruling will be favorable to you.

Standing in State Court

A state's statutes will determine what constitutes standing in that particular state's courts. These typically revolve around the requirement that plaintiffs have sustained or will sustain direct injury or harm and that this harm is redressable.

Determining one's standing in a legal case involves assessing whether a person or entity has the legal right to bring a particular claim or challenge a specific action in court. Standing is generally determined by considering three main elements:

1. Injury or Harm: The party seeking standing must have suffered or be at risk of suffering an actual or imminent injury or harm. The injury should be concrete, particularized, and distinct from a generalized grievance that affects the public at large. It must be a direct result of the challenged action or conduct.
2. Causation: The party must demonstrate a causal connection between the alleged injury and the actions or conduct of the defendant. It must be shown that the defendant's actions are the cause or a substantial factor in bringing about the harm suffered by the party seeking standing.
3. Redressability: The court must have the ability to provide a remedy or redress the injury or harm alleged by the party. The relief sought must be likely to alleviate or address the injury or harm suffered.

These three elements, injury, causation, and redressability, collectively establish standing by showing that the party has a sufficient interest in the case to justify their participation and seek relief from the court.

It's important to note that the specific requirements for standing can vary depending on the jurisdiction and the type of legal claim or action. Different courts and legal systems may have different standards and tests for determining standing. Additionally, certain laws or statutes may confer specific standing rights to certain individuals or entities, such as environmental organizations or consumer protection groups.

When considering one's standing in a legal case, it is advisable to consult with a qualified legal professional familiar with the relevant laws and regulations in the jurisdiction in question. They can provide guidance on the specific requirements and help assess whether a person or entity has standing to pursue a claim or challenge an action in court.

Brief Standing:

• Standing: This is a legal hurdle a party must overcome to even be heard in court. It essentially asks, "Does this party have a real stake in this case?" They need to show they've been personally harmed by the situation they're suing about.
• Brief: This is a formal written document that argues a party's legal position on a specific issue.
• Standing Brief: This is a brief specifically focused on establishing the party's standing to sue.

Shortened Argument:

Courts sometimes allow briefs specifically focused on standing to be shorter than regular legal briefs. This is because standing is a preliminary issue. If the court finds the party lacks standing, it dismisses the case without needing to delve into the main arguments.

Standing in Federal Court

At the federal level, legal actions cannot be brought simply on the ground that an individual or group is displeased with a government action or law. Federal courts only have constitutional authority to resolve actual disputes (see Case or Controversy).