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Standing
Barrister Amna (Alevels Academy Islamabad)
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9/4/2024
A Levels Academy Islamabad
Category
🦄
Creativity
Transcript
Display full video transcript
00:00
Sure, most of us like the idea of justice being served, or at least cake being served.
00:08
But that doesn't mean we can all just participate in whatever court case we feel strongly about.
00:12
That's because you must be legitimately connected to a lawsuit in some way to be involved
00:17
in the actual proceedings.
00:19
In legal talk, that means you have to have what's known as standing.
00:24
Standing in a court case is not what you do when you run out of chairs.
00:29
Standing is to have a personal stake in the issue.
00:32
To have, as they say, a dog in the race.
00:36
In more technical terms, standing is the ability of a party to demonstrate a sufficient link
00:41
to a case, enough for the court to support the party's participation in it.
00:45
A person must have either been harmed by the action on which the suit is based, or have
00:50
a direct stake in the outcome.
00:52
It breaks down to three fundamental requirements for standing.
00:56
Injury in fact is one.
00:58
Injury here doesn't just mean physical harm, but economic and personal as well.
01:03
Two is causation, meaning the injury had to be caused by the conduct of the other party
01:08
and can reasonably be traced to them.
01:10
And three is redressability.
01:12
No, not the indecisive Bridezilla kind.
01:16
The kind that means a favorable court decision will compensate for the injury.
01:20
In Florida, the courts are not in agreement as to when a defendant may raise a plaintiff's
01:24
lack of standing as a defense.
01:26
Some have held it must be in an affirmative defense in your answer.
01:30
Others say it can be addressed by way of a motion to dismiss.
01:34
Still, others say it is never waived and can be raised at any time before appeal, even
01:39
after judgment.
01:41
The safest thing to do is raise it both by way of a motion to dismiss and include it
01:46
in your affirmative defenses.
01:49
This will pave the way for getting a hearing and asking the judge to toss the case, because
01:53
the plaintiff lacks standing.
01:55
If the court agrees, the case could be dismissed or judgment entered in your favor.
02:00
Standing is a broad term that is applied differently across every kind of court case, from pollution
02:05
cases to home foreclosures to class action lawsuits, each with its own nuances.
02:11
When it comes to figuring out if you or your opponent has standing in a lawsuit of any
02:15
type, LegalYou is standing by.
02:20
LegalYou.
02:21
You can do this.
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3:35
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