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.