![]() ![]() There was no question that the parents of the students had standing to challenge the restrictions on the wearing of armbands. 2d 731 (1969), high school officials in Des Moines, Iowa, had suspended students for wearing black armbands to school to protest U.S. des moines independent community school district, 393 U.S. One may challenge a law or policy on constitutional grounds if he can show that enforcement of the law or implementation of the policy infringes on an individual constitutional right, such as Freedom of Speech. Most standing issues arise over the enforcement of an allegedly unconstitutional statute, ordinance, or policy. ![]() A defendant must be the party responsible for perpetrating the alleged legal wrong. Basically, a plaintiff must have suffered some direct or substantial injury or be likely to suffer such an injury if a particular wrong is not redressed. ![]() The Supreme Court has developed an elaborate body of principles defining the nature and scope of standing. Once a federal court determines that a real case or controversy exists, it must then ascertain whether the parties to the litigation have standing. Supreme Court has interpreted this language to forbid the rendering of advisory opinions. In the most fundamental application of the philosophy of judicial restraint, the U.S. Constitution's Article III provision that federal courts have the power to hear "cases" arising under federal law and "controversies" involving certain types of parties. The standing doctrine is derived from the U.S. The person must have a personal stake in the outcome of the controversy. It is not enough that a person is merely interested as a member of the general public in the resolution of the dispute. Standing, sometimes referred to as standing to sue, is the name of the federal law doctrine that focuses on whether a prospective plaintiff can show that some personal legal interest has been invaded by the defendant. The legally protectible stake or interest that an individual has in a dispute that entitles him to bring the controversy before the court to obtain judicial relief. ![]()
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