Administrative lawLesson 1 of 1 in the course Judicial review of administrative action

Legal Standing: Comparative Tests and U.S. Federal Limits

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

Save course
Lesson progress
0 / 5

Your progress is kept in this browser only.Sign up to save it

Summary

Standing determines who may ask a court to decide a legal dispute. It connects a claimant to the issue and helps ensure that courts resolve real cases rather than abstract disagreements.

Standing is the legal entitlement to participate as a claimant in a particular case. A party generally must show a sufficient connection to the challenged law or action and a legally relevant harm. The precise test varies by jurisdiction and by the law governing the case.

All flashcards

What is standing?
Standing is a claimant’s legal entitlement to bring a particular dispute before a court, based on a sufficient connection to the issue and commonly a legally relevant harm.
What is direct-harm standing?
Standing based on a direct adverse effect from a challenged law or action, where court relief may address the harm.
What are chilling effects?
Deterrence of protected conduct when people fear that a law may punish or restrict it.
What is statutory standing?
Standing created by legislation authorizing a person or class to bring a specified claim, subject to applicable constitutional limits.
How is standing different from the merits?
Standing concerns whether this claimant may ask the court to decide the dispute; the merits concern whether the legal claim succeeds.

Quiz questions

  1. Which three questions guide Canada’s public-interest standing framework?Answer: Whether there is a serious issue, the claimant has a genuine interest or is directly affected, and another effective route exists.
  2. What is the central common-law test for standing in Australia?Answer: Whether the claimant has a special interest in the subject matter of the action.
  3. What does redressability require for U.S. Article III standing?Answer: A favorable court decision is likely to remedy the claimant’s injury.
  4. A federal taxpayer challenges federal spending solely because they pay taxes. What is the general rule?Answer: Taxpayer status alone usually does not establish standing for that challenge.
  5. What is the general standing requirement for judicial review in England and Wales?Answer: The applicant must have a sufficient interest in the matter.

Based on the Wikipedia article Standing (law), licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

More in Administrative law

All Administrative law lessons
Administrative lawTransparency: Public Accountability, Digital Openness, and Its Limits5 flashcards · 5 quiz questions · 4 gamesPlay free →Administrative lawU.S. Federal Rulemaking: Procedures, Public Oversight, and Judicial Review5 flashcards · 5 quiz questions · 4 gamesPlay free →Administrative lawAdministrative Agencies: Authority, Oversight, Organization, and History5 flashcards · 5 quiz questions · 4 gamesPlay free →Administrative lawFreedom of Information, Digital Access, Privacy, and Online Rights5 flashcards · 5 quiz questions · 4 gamesPlay free →