Difference between revisions of "Third party standing"

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(New page: '''Third party standing''' is an exception to general rules requiring standing before a lawsuit can proceed in federal court. To establish '''third party standing''', a plaintiff ...)
(No difference)

Revision as of 03:13, November 29, 2007

Third party standing is an exception to general rules requiring standing before a lawsuit can proceed in federal court.

To establish third party standing, a plaintiff before the court must have suffered an injury so that they have some stake as well, show a close relationship with the absent party, and prove that there was a hardship preventing the absent party from bringing the case on his own behalf.

This exception is often used to permit federal courts to exercise jurisdiction over challenges to abortion laws. See Singleton, 428 U.S. at 112-118 (upholding ability of physician to bring claim on behalf of patients regarding government interference in abortions).