Define: Third-Party Standing

Third-Party Standing
Third-Party Standing
Quick Summary of Third-Party Standing

Third-party standing refers to the authorization granted to an individual to initiate a legal action in order to safeguard the rights of another person. For instance, a grandparent may possess the entitlement to file a lawsuit seeking custody or visitation rights for their grandchild. In order to establish standing in a court of law, it is necessary for the individual to demonstrate that they have personally experienced the consequences of the matter at hand and that the interest they seek to safeguard falls within the purview of the law.

Full Definition Of Third-Party Standing

Third-party standing refers to the right of an individual or organisation to initiate a legal claim on behalf of another person or group. To establish third-party standing, the claimant must demonstrate a personal interest in the outcome of the case and show that the interests they seek to protect fall within the boundaries of the law or constitution. For example, in certain jurisdictions, a grandparent may have third-party standing to file a custody or visitation case on behalf of their grandchild. This means that the grandparent can bring the case even though they are not the child’s parent, as they have a personal stake in the outcome and aim to safeguard the child’s interests. Another instance of third-party standing occurs when an advocacy group initiates a lawsuit on behalf of a larger group of individuals affected by a specific issue. For instance, a disability rights group may file a lawsuit on behalf of people with disabilities who are being denied access to public transportation. Overall, third-party standing enables individuals or groups to pursue legal claims on behalf of others who may be unable to do so themselves, with the goal of protecting their rights and interests.

Third-Party Standing FAQ'S

Third-party standing refers to the ability of an individual or entity to assert the rights of another person or group in a legal proceeding.

A person can have third-party standing when they have a close relationship with the affected party, such as a parent-child relationship, or when they have a legal duty to represent the interests of the affected party.

In most cases, you cannot sue on behalf of someone else without their consent. However, there are exceptions, such as when the affected party is unable to give consent due to incapacity or when the law allows for representation without consent.

No, third-party standing generally does not extend to asserting the rights of a deceased person. However, the executor or administrator of the deceased person’s estate may have the authority to bring a legal action on their behalf.

Yes, third-party standing can be used to challenge a law or policy that affects a group of people if the person asserting the rights can demonstrate a close relationship with the affected group and a genuine interest in their well-being.

The ability to bring a lawsuit on behalf of an unborn child through third-party standing varies depending on the jurisdiction. Some jurisdictions recognize the rights of unborn children, while others do not.

The ability to use third-party standing to assert the rights of non-human entities is limited. In most legal systems, only individuals or entities with legal personhood can have standing in court.

Yes, third-party standing can be used to challenge a decision made by a government agency if the person asserting the rights can demonstrate a direct and substantial interest in the outcome of the decision.

Yes, third-party standing can be used to bring a lawsuit on behalf of a minor child if the person asserting the rights is a parent, guardian, or has a legal duty to represent the child’s interests.

Yes, third-party standing can be used to assert the rights of a group of people who are unable to bring a lawsuit themselves if the person asserting the rights can demonstrate a close relationship with the affected group and a genuine interest in their well-being.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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