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STANDING

the legal right to challenge in a judicial forum the conduct of another. In the federal system, litigants must satisfy constitutional standing requirements in order to create a legitimate case or controversy within the meaning of Article III of the Constitution. In construing this language, courts have held that the gist of a question of standing is whether the party seeking relief has alleged personal stake in the outcome of the controversy so as to insure that real, rather than remote or possible, adverseness exists to sharpen the presentation of issues. EXAMPLE: Payne, a resident of one state, files a suit claiming that another state prevents its own citizens from voting. Since Payne is not affected by the fact that citizens of another state may not be getting the opportunity to vote, he has no standing to bring this challenge. There are procedures whereby a court has the discretionary power to allow Payne to participate in a suit if someone files it who does have standing. Payne might also have standing in the suit first referred to if the challenged state action adversely impacts on a national election that affects Payne. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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