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In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations:
Held that state taxpayers do not have standing to challenge to state tax laws in federal court. 9–0 Massachusetts v. EPA: 2007: States have standing to sue the EPA to enforce their views of federal law, in this case, the view that carbon dioxide was an air pollutant under the Clean Air Act. Cited Georgia v. Tennessee Copper Co. as precedent ...
of its own motion Refers to a court or other official agency taking some action on its own accord (synonyms: ex proprio motu, ex mero motu). Similar to sua sponte. supersedeas: refrain from A bond tendered by an appellant as surety to the court, requesting a delay of payment for awards or damages granted, pending the outcome of the appeal.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
The motion is infrequently used in civil cases where the defendant asserts that the plaintiff's case is insufficient to prove liability. [ a ] At the close of the prosecution's case during a criminal trial , the defendant may make a motion that there is no case for the defendant to answer (similar to a motion for a directed verdict in a United ...
Judicial estoppel is a doctrine that may apply in matters involving closed bankruptcies, wherein the former debtor attempts to lay claim to an asset that was not disclosed on the bankruptcy schedules. In an early U.S. articulation of the doctrine, the United States Supreme Court, in First National Bank of Jacksboro
Each judge or courtroom in the United States has a law and motion calendar, setting aside the times when only motions and special legal arguments are heard.These items consist of pretrial motions (such as a motion to compel relating to discovery requests) or other legal requests that are not connected to a trial, and do not include trials themselves.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...