standing

One's place in the community in the estimation of others; his relative position in social, commercial, or moral relations; his repute, grade, or rank.

See reputation

- standing to sue doctrine

- status

@ standing aside jurors

A practice by which, on the drawing of a jury for a criminal trial, the prosecuting officer puts aside a juror, provisionally, until the panel is exhausted, without disclosing his reasons, instead of being required to challenge him and show cause. The English statute 33 Edw. I deprived the crown of the power to challenge jurors without showing cause, and the practice of standing aside jurors was adopted, in England, as a method of evading its provisions. A similar practice was in use in Pennsylvania

@ standing by

Used in law as implying knowledge, under such circumstances as rendered it the duty of the possessor to communicate it; and it is such knowledge, and not the mere fact of "standing by," that lays the foundation of responsibility. The phrase does not import an actual presence, "but implies knowledge under such circumstances as to render it the duty of the possessor to communicate it."

See also estoppel

@ standing master

An officer of the court appointed on a regular basis to hear and determine matters within his jurisdiction for which a master may be appointed, as a master in chancery.

See also master

@ standing mute

Such exists in criminal case when defendant refuses to plead to the charge against him. If a defendant refuses to plead, the court shall enter a plea of not guilty. Fed.R.Crim.P. ll(a)

@ standing orders

Rules adopted by particular courts for governing practice before them. In some states, the presiding judge has authority to adopt standing orders for his court alone. They may include rules as to the time at which court commences each day, a procedure for requesting continuances of cases and a method by which cases are placed on the trial list of the particular court. They may be system wide or affect only a particular court in the system

@ standing seised to uses

A covenant to stand seised to uses is one by which the owner of an estate covenants to hold the same to the use of another person, usually a relative, and usually in consideration of blood or marriage. It is a species of conveyance depending for its effect on the statute of uses

@ standing to be sued

Capacity of a person or sovereign to be a party defendant in an action. A state as sovereign has no capacity to be sued except in cases in which it has consented to suit.

See sovereign immunity.

@ standing to sue doctrine

"Standing to sue" means that party has sufficient stake in an otherwise justiciable controversy to obtain judicial resolution of that controversy. Sierra Club v. Morton, 405 U.S. 727, 92 S.Ct. 1361, 1364, 31 L.Ed.2d 636.

Standing is a concept utilized to determine if a party is sufficiently affected so as to insure that a justiciable controversy is presented to the court; it is the right to take the initial step that frames legal issues for ultimate adjudication by court or jury. State ex rel. Cartwright v. Oklahoma Tax Com'n, Okl., 653 P.2d 1230, 1232.

The requirement of "standing" is satisfied if it can be said that the plaintiff has a legally protectible and tangible interest at stake in the litigation. Guidry v. Roberts, La.App., 331 So.2d 44, 50.

Standing is a jurisdictional issue which concerns power of federal courts to hear and decide cases and does not concern ultimate merits of substantive claims involved in the action. Weiner v. Bank of King of Prussia, D.C.Pa., 358 F.Supp. 684, 695.

The doctrine emanates from the case or controversy requirement of the Constitution and from general principles of judicial administration, and seeks to insure that the plaintiff has alleged such a personal stake in the outcome of the controversy as to assure concrete adverseness. Campaign Clean Water, Inc. v. Ruckelshaus, D.C.Va., 361 F.Supp. 689, 692.

Standing is a requirement that the plaintiffs have been injured or been threatened with injury by governmental action complained of, and focuses on the question of whether the litigant is the proper party to fight the lawsuit, not whether the issue itself is justiciable. Carolina Environmental Study Group, Inc. v. U. S. Atomic Energy Comm., D.C.N.C., 431 F.Supp. 203, 218.

Essence of standing is that no person is entitled to assail the constitutionality of an ordinance or statute except as he himself is adversely affected by it. Sandoval v. Ryan, Colo.App., 535 P.2d 244, 247.

See also case (cases and controversies); justiciable controversy; ripeness doctrine.

Administrative Procedure Act.

Such Act authorizes actions against federal officers by "any person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute." 5 U.S.C.A. No. 702

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