As previously mentioned, standing is the concept that a person has an actual stake in the outcome of the case. In order to demonstrate that a person has standing, he or she must show that three separate components can be met: (i) the injury component, (ii) the causation component, and the (iii) redressability component.

The injury component is a component that can be satisfied by demonstrating that a person has been or will immediately be directly and personally injured by some action of the government. There must be some argument by the party bringing suit that the government action is unlawful, such that is violates or affect’s that person’s rights as guaranteed to him or her under the U.S. Constitution, or under some federal law.

It is important to note that the injury must have already occurred, or it must be so imminent that it will occur almost at the mere moment that the alleged unlawful action takes place. The injury must be distinct, and one must be able to articluate clearly what that injury will be. Furthermore, there is absolutely no requirement that the injury be economic in nature.

As an example, if you are physically, emotionally, or psychologically injured, or suffer monetary damages in violation of federal or Constitutional law you may have standing to file a federal action. However, if your claim only deals with a state law issue, then you have no standing to file a federal claim (and would have to file your claim in your local state, county, or municipal court).

In addition to the injury component, an individual must satisfy the causation component. The causation component indicates that there must be a causal connection between the alleged unlawful government conduct and the injury suffered. To be more specific, you must be able to outline that the cause of the injury is somewhat traceable to the conduct of the government.

As an example, if you file a First Amendment freedom of speech violation against your local city government in federal court because a fellow citizen (who does not work for the government) restricted you from speaking about abortion on the city streets you would not have standing. Why? Because a local citizen who does not work for the government is not a representative of the government and therefore no state action exists. In other words, you can only sue the government if the government (or a representative of the government) is the actual actor. If the government is not the actor (like in this example), you may be able to file a private civil action against the individual in your local state, county, or municipal court.

Lastly, in order to have standing, a person must also satisfy the redressability component. The redressability component is satisfied by demonstrating that a decision that is favorable to the person bringing the suit before federal court would be capable of redressing the injury. In other words, by bringing such a matter to the Court’s attention, your grievance would be eliminated and relieved (e.g. you would receive money).

Next, we’ll look at some of the most common issues with respect to the legal concept of standing in the federal system.