- In order to bring a lawsuit claiming a violation of constitutional rights, claimants have must have standing. That is to say, they need to be able to show that they were directly affected by the government infringement. Both individuals and Organizations can also gain public interest standing if they have a genuine interest in the matter.
- In considering the issue of standing, judges typically look at three interrelated factors in a holistic or cumulative way; whether
- The litigation raises a serious issue;
- The party bringing the case has a personal stake in the matter or a genuine interest in the validity of the legislation; and
- The challenge is reasonable and effective means to bring the issue before the court
- How would you counter an argument that you do not have standing to bring this matter to court?
- Do you think standing will be a significant hurdle to your case or not? Please discuss why or why no before proceeding to the next slide.