Question:
Anyone know about how to get official standing?
kazination
2010-12-10 11:25:21 UTC
This was my first question:

Are there any exceptions to having standing?
ANY WHATSOEVER? If someone is in the wrong but the only person that has standing does nothing about it but it is affecting tons of people abstractly (In other words even though it is effecting them they still dont have enough standing)
Or if a situation is big enough, like if it involves half the US population (just an example) could they be allowed to hear the case in civil court?Are there any exceptions to this?


ANSWER:

Your standing in a case is often what will get officials to act. If you are legally involved, or related to someone involved, officials tend to act more quickly on the case.

If you have no standing, you would have to go to court and have the court declare you a friend of the court or provide you official standing before you'd be in a position to insist that officials act.

- Stuart


Then that guy thats number two in number 1 answers on this forum who is an attourney said this


Only in VERY rare cases, where a case directly impacts on other people, will a court allow a case to proceed where there is no "actual controversy in law", and where no-one with standing has brought an action.

One well-known example is "Roe v. Wade". The Supreme Court agreed to hear the appeal filed by "Roe", even though she no longer had standing to challenge the law in question, because her child had already been born. Their reason for doing so was that no-one could ever, strictly speaking, *have* standing, because no case would ever get to the Supreme Court so quickly that the plaintiff was still pregnant.

An example of a case that was never heard because the courts ruled that *no-one* had standing to file it would be the "birther" challenges to Obama's right to be elected President. The cases were all dismissed without being heard on the merits, because in each case the judges ruled that (To quote one of a number of similar rulings) "The potential damages to any one specific citizen from an unqualified individual being elected President are so remote and tenuous that they do not rise to a level sufficient to grant that citizen standing before this court"

Richard
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My question is this, how do you go about getting standing in a no controversey case?If tons of people are being affected abstractly,what can a person do?Are there certain qualifications that need to be met?
Four answers:
anonymous
2010-12-10 12:00:16 UTC
[PDF]

Final Stay Order

Adobe PDF - View as html

While the court has ordered entry of a ... proponents will need to show standing in the court of appeals. See Arizonans for Official ... confer standing to keep the case ...

ecf.cand.uscourts.gov/.../files/Final_stay_order.pdf

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[PDF]

District Court Time Standards and Case Management Orders

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Trial Court of the Commonwealth Boston Municipal Court Department District Court Department Joint Standing Order No. 1-04 CIVIL CASE MANAGEMENT Effective August 31, 2004 I. ...

www.mass.gov/courts/courtsandjudges/courts/districtcourt/...

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[PDF]

Standing Order 1-07 Violation of Probation Proceedings

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... of course in every order of probation, as set forth in the official ... Section V of this standing order, or in any case ... III and IV of this standing order require the court ...

www.mass.gov/.../juvenilecourt/violation-probation-order.pdf

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[PDF]

INDEX OF STANDING ORDERS

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... COURT FOR THE DISTRICT OF CONNECTICUT INRE: ELECTRONIC CASE FILING AND CASE MANAGEMENT PROCEDURES STANDING ORDER No. 7 Federal ... ordered, the official record of the court for ...

www.ctb.uscourts.gov/Doc/STorder.pdf
Whatever4
2010-12-10 19:42:34 UTC
Standing means the person is entitled to have the court decide the case. It's grounded in the Separation of Powers in the Constitution. There has to be specific injury to the plaintiff by the defendant, and the court has to be able to fix the injury. The concept of standing has been developed over the years by Conservatives on the Supreme Court.



If everybody has been affected, then it can't be fixed by a court and must be fixed by Congress. That's the issue in the Obama eligibility cases -- no voter has been more damaged than any other. In addition, the Constitution says that only Congress has the authority to accept the results of the Electoral College and only Congress can remove a sitting president. The courts can't interfere with a specific constitutional requirement. They can provide no remedy in eligibility cases.



The remedy has always been political, not judicial. That's why the outcome of 70+ birther cases have been so easy to predict. Contact your Congresspeople. It's a political issue.
John S
2010-12-10 19:27:19 UTC
Simple answer: you get a judge to say you have standing. Judges use their BS-detector. Ie, Birthers have no proof that Obama wasn't born in the US.
anonymous
2010-12-10 20:53:08 UTC
Nothing in your question will change the answers you got under your other yahoo name or other sites you asked on



http://www.alltopicsforums.com/viewtopic.php?f=10&t=1429


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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