lecture 2

Standing to Sue

  • Standing to sue is the legal requirement that a party must have a sufficient stake in a controversy before they can bring a lawsuit.

  • A person may have standing to sue on behalf of another person (third-party standing).

  • The controversy must be justiciable: real and substantial, not hypothetical or academic.

  • Standing to sue may involve representing another person in certain circumstances.

Jurisdiction

  • Subject Matter Jurisdiction

    • Definition: the court's authority to hear and decide certain types of disputes; examples include probate court and bankruptcy court.

    • Limits on subject matter jurisdiction for a trial court (federal and state): the subject of the lawsuit, the sum in controversy, whether the case involves felony or misdemeanor, and whether the proceeding is trial or appeal.

  • Personal Jurisdiction

    • Definition: the authority of a court to hear and decide a dispute involving any person or business that resides in the court's geographic area.

    • Corporations: normally subject to personal jurisdiction in the state in which it is incorporated, has its principal office, and is doing business.

    • Long Arm Statutes: used for non-resident parties based on "minimum contacts" with the state.

Basic Judicial Requirements

  • Jurisdiction: Juris (law) diction (to speak) is the authority of a court to hear and decide a specific action.