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Questions tagged [standing]

35 questions
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Can I, as a US citizen, sue the federal government to avoid being deported to El Salvador?

As a US citizen not charged with or convicted of any federal crime, it would be completely illegal for the US government to arrest me, deport me, and hand me over to the government of El Salvador to be indefinitely imprisoned there. But, such things…
interfect
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Government's standing in criminal trials

There's an answer on politics SE that has some upvotes (but more downvotes) claiming (even more adamantly in subsequent comments) that standing is issue of substantial importance in criminal trials; some quotes from the claims: There is no…
Looking for loopholes
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Does Texas have standing to litigate against other States' election results?

https://abcnews.go.com/Politics/states-blast-texas-bid-overturn-election-seditious-abuse/story?id=74656637 What standing is required (if any) for an entity (person, corporation, state, etc.) to litigate against the election results (be national or…
gatorback
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Can a U.S. state bring action before the Supreme Court against another state for equal rights of its own citizens when they visit the other state?

Let’s make this hypothetical. Two U.S. states, East Lumbago and West Lumbago, which share a common border. It’s a First Amendment issue, specifically: “Congress shall make no law . . . abridging . . . the right of the people peaceably to assemble,…
MTA
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Why do courts dismiss cases as moot?

Trump recently received a subpoena that would have forced him to testify at a trial. He appealed it saying he couldn't be compelled to testify as the sitting president. The appeal is now dismissed as moot since he is no longer president: While…
Allure
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Are there jurisdictions where an uninvolved party can appeal a court decision?

I recently read about an outrageous court decision in my country where the prosecution only asked for a 2500€ fine for a dad for torturing his kids for years. The defendant obviously agreed to it (it's not a particularly high fine in my country) and…
Yanick Salzmann
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Can an animal file a lawsuit on its own behalf?

I need to find a case regarding whether a Gray Wolf can file a lawsuit on its own behalf with regard to the Endangered Species Act. I don't have a specific jurisdiction and I have searched different terms in Westlaw with no luck. Can anyone point me…
Danielle B
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How can misattributed paternity cause "a welfare minefield"?

It is in the news that a council was denied their request to force a DNA test on a child where there was a case of suspected intentional misattributed paternity. In criticising the family involved the judge said the family had "created a welfare…
User65535
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How does California (CA) have standing in CA vs Activision Blizzard?

It's been reported that the state of California (CA) has sued Activision Blizzard as a result of its two-year-long investigation. The alleged actions are not alleged to be ongoing. It's been reported that this is a civil action. I am puzzled by…
grovkin
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Could a federal criminal defendant sue the Senate on 6th amendment grounds?

Specifically, I'm talking about the part of the 6th amendment that guarantees the right to a speedy trial. I've read quite a bit about the long vacancies in federal judge positions due to the senate not holding any hearings to confirm anyone at…
Alan
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Texas: Standing

Citizens can sue abortion providers for alleged violations, and plaintiffs will receive $10,000 from the accused if successful. The law also impacts anyone who "aids or abets" an abortion, which could potentially include a driver who unknowingly…
gatorback
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Trying to get sued?

Are there any situations in which some party would seek to be sued? The thought came up while I was looking at some law related to copyright and public domain where it was noted that some parts were unclear due to the lack of precedent. If that lack…
BCS
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If a company offers relief to the potential lead plaintiff in a class action, does that moot the case?

Suppose a plaintiff (let's call her Josephine) sues a company (let's call it CE Inc.) under a statute that sets out the maximum remedy that Josephine could be awarded for CE Inc's violation of that statute. Josephine intends to be the lead plaintiff…
Just Is Kennedy
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In the SCOTUS case yesterday on Mifepristone and FDA, why was *Twiqbal* and prohibition on 3rd party standing not raised?

Yesterday [March 26, 2024], SCOTUS heard oral arguments on whether FDA exceeded its role in easing the rules on the drug mifepristone that can be used for medication abortion. Many justices across the ideological spectrum were very skeptical on…
Anthony
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In a three-party exchange, can one plaintiff represent both plaintiffs against a defendant, in small claims court?

As a follow-up to https://law.stackexchange.com/questions/917/can-texas-landlords-charge-administrative-fee-twice-thrice, suppose there's a high chance that a court would accept that it was NOT reasonable for a landlord to have had effectively…
cnst
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