Duhaime's Law Dictionary


Standing Definition:

The ability to sue and speak to the Court on a controversy based on personal interest in the outcome.

Related Terms: Locus Standi, Capacity

In Hart, Justice Reid wrote:

"The Supreme Court considers such questions (of standing) in the light of the nature of the interest claimed and the nature of the effect the proceedings are likely to have on claimants. If either of these is direct standing will generally be granted.

"There are other considerations. The factors that are appropriate to one case may not be to another; it depends on the case."

In Rodarte, Justice Brown wrote:

"Standing is not to be confused with capacity. Capacity concerns a party's personal right to come into court, while standing concerns the question of whether a party has an enforceable right or interest."

In Dallas Fort Worth International Airport v Cox, Justice Richter of the Court of Appeals of Texas sitting at Dallas, wrote:

"Standing focuses on the question of who may bring an action. To establish standing, a person must show a personal stake in the controversy.

"Whether a party has standing is predicated upon either statutory or common law authority. If standing is claimed pursuant to a statute, we construe the statute to determine upon whom the Texas Legislature conferred standing and whether the claimant falls in that category.  Under a common law analysis, the general test for standing requires a real controversy between the parties which will actually be determined by the judicial declaration sought...."A plaintiff has standing when he is personally aggrieved, regardless of whether he acts with legal authority...."

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