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Standing
 
ChaztheMeatHead Views: 10,583
Published: 15 y
 
This is a reply to # 1,659,278

Standing


Any case that doesn't invole a damaged party is illegal, worthless & void. The court has no jurisdiction or subject matter jurisdiction over such cases. There is no case. There is no controversy. Yet it's done every day in the courts of America because we let them.

Here's a few cases on standing and there's a document that has case law from every state below them.

“Standing is a necessary component of subject matter jurisdiction.” Rames v Byrd, 521 US 811”

(Subject mater jurisdiction means the court has no authority to judge such subjects. It's like taking a divorse case to traffic court.)

“Without standing there is no actual or judiciable controversy and courts will not entertain such cases.” Clifford S. v Superior Court, 45 Cal.Rptr.2d 333,335.

“If a party is found to lack standing, the court is shown to lack subject matter jurisdiction to determine the cause… (A) Court lacks discretion to consider the merits of a case over which it is without jurisdiction.” Miss. S v L of Pardons & Paroles, 896 A 2d 809,812 (Conn. 2006)

“The requirement of standing is a core component derived directly from The Constitution. A plaintiff must allege personal injury fairly traceable to the defendant’s allegedly unlawful conduct and likely to be redressed by the requested relief.” Allen v. Wright, 468 U.S. Supreme Court 737, 751 (1984).

(So according to Supreme Court case law and the Constitution, “personal injury fairly traceable to the defendant’s alleged unlawful conduct” must be shown for the court to have any jurisdiction over the case. And the court must have the ability to provide the solution)

“Any ruling on motion or summary adjudication must be made on record that parties have actually made and not upon one that is theoretically possible”, State ex rel. Macy v. Thirty Thousand Seven Hundred Eighty One Dollars & No / 100, Okla. App. Div. 1, 865 P.2d 1262 (1993).


So someone has to be there in court testifying under oath aand under penality of pergery that actual harm was committed, and it can’t be something that is theoretically possible. Like speeding or not wearing a seat belt can theoretically case harm, but if it didn't. No case.

It's best to use case law from your state from a higher court to move a lower court to rule in your favor. A lower court has no authority to over rule a higher court. It's like you making a decision for your boss at work. A big no no.

Here's a document with case citations form all the states showing you need standing to win and there has to be a damaged party to have standing.
//www.curezone.org/upload/Members/ChazTheMeatHe/Legal/Standing.doc

 

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