How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lane Your Own Question

Lane
Lane, MBA, CFP, CRPS
Category: Homework
Satisfied Customers: 3638
Experience:  MBA, CFP & Chartered Retirement Plans Specialist
Type Your Homework Question Here...
Lane is online now
A new question is answered every 9 seconds

Regarding "jurisdiction" define and discuss what it means to

Resolved Question:

Regarding "jurisdiction" define and discuss what it means to have parties have the standing to bring an appeal. Be specific and provide case examples. Must be 250+ words and need reference to what website the information came from.
Submitted: 1 year ago.
Category: Homework
Expert:  Lane replied 1 year ago.
For a plaintiff to have standing, the party must have an actual (not necessarily physical)injury. And that it must be a injury, or to use another word, damages, that the court can resolve.

Causality is also a requirement. Not only must the entity bringing action show harm done or imminent, they must also show a sufficient connection to the action or statute being challenged.

Another way illustrating this is that the plaintiff (party bringing suit or appeal) must have something to lose. In U.S. constitutionality cases, for example, it could be lost revenue by a drug company that a state has declared must not be sold in it's state.


From http://legal-dictionary.thefreedictionary.com/standing

The legally predictable stake or interest that an individual has in a dispute that entitles him to bring the controversy before the court to obtain judicial relief.

Black's Law Dictionary says that standing is a party's right to make a legal claim or seek judicial enforcement of a duty or a right. Further, to have FEDERAL STANDING, a plaintiff must show that (1)the conduct has caused ACTUAL INJURY and that (2) the interest sought to be protected is within the ZONE OF INTERESTS meant to be regulated by the STATUTORY or CONSTITUTIONAL GUARANTEE in question.

Many times the words PERSONAL STAKE are used: From Baker v Carr 369 U.S. 186, 204 (1962) ... "Have the appellants alleged such a personal stake in the outcome of the controversy to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions? This is the gist of the question of standing" ... (Brennan, J.)


Customer: replied 1 year ago.
May I ask a dumb question? I am taking OSHA Law, would this answer go with that question with OSHA Law? Sorry, I don't understand the answer
Expert:  Lane replied 1 year ago.
Yes, standing is standing.

Give me a minute and I'll see if I can see anything specific (statute or case wise) regarding standing and OSHA ... but stand, its simplest definition (and I thing probably universal definition)means that people can't bring action (sue) or join into an action unless they will be directly affected be the outcome of that action.


hang on ... BRB

Expert:  Lane replied 1 year ago.
You might want to look at Marshall v. Barlow's, Inc., 436 U.S. 307 (1978)

This wasn't really about standing, it was about whether OSHA unannounced inspections were an unconstitutional violation of the fourth amendment.

The Supreme Court held that the rule that warrantless searches are generally unreasonable applies to commercial premises just as they are to homes.

However, this can serve to illustrate a point about standing: A company couldn't bring suit just to see if these searches were unconstitutional, that would be asking the supreme for an advisory opinion.

The company that brought suit because of the incredible fines they were charged as a result of a warrantless search DID have standing.
Expert:  Lane replied 1 year ago.
OK, here we go:

This case shows how everything I've said before applies, but is an example of an OSHA case where the court found that RT Vanderbilt and company DID NOT HAVE STANDING, because they no real STAKE in the case.

You will also hear the words "Case or Controversy" requirement; the court mentions it here. Standing is really a sub-part of the case or controversy requirement (that there has to be an actual adversarial disagreement between the parties.

In this case, the court said that RT Vanderbilt had no standing to intervene in the case against OSHA because they had already already received all the relief to which it is entitled.

They also struck down the idea that the "zone of interest" test (a test for standing) applied.

And most applicable to original question, The petition was dismissed for lack of subject matter jurisdiction.

Read this, and I think the dots will begin to connect for you:

http://openjurist.org/728/f2d/815/rt-vanderbilt-company-v-occupational-safety-and-health-review-commission

Lane, MBA, CFP, CRPS
Category: Homework
Satisfied Customers: 3638
Experience: MBA, CFP & Chartered Retirement Plans Specialist
Lane and 3 other Homework Specialists are ready to help you
Expert:  Lane replied 1 year ago.
Hi,

...hope everything's going well with the assignment.

If you need more help, let me know.

Otherwise, I'd really appreciate your accepting my answer and providing a positive rating.

Thanks!
r84687
Customer: replied 1 year ago.
Hi, sorry I just saw this. I accepted your answer and gave you an excellent rating. Am I supposed to do anything else?
Expert:  Lane replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Manal Elkhoshkhany

    Tutor

    Satisfied Customers:

    4520
    More than 5000 online tutoring sessions.
< Last | Next >
  • http://ww2.justanswer.com/uploads/BU/BusinessTutor/2012-2-2_115741_Kouki2.64x64.jpg Manal Elkhoshkhany's Avatar

    Manal Elkhoshkhany

    Tutor

    Satisfied Customers:

    4520
    More than 5000 online tutoring sessions.
  • http://ww2.justanswer.com/uploads/LI/lindaus/2012-6-10_04811_IMG20120609164157.64x64.jpg Linda_us's Avatar

    Linda_us

    Finance, Accounts & Homework Tutor

    Satisfied Customers:

    3121
    Post Graduate Diploma in Management (MBA)
  • http://ww2.justanswer.com/uploads/ComputersGuru/2010-02-13_051118_Photo41.JPG LogicPro's Avatar

    LogicPro

    Engineer

    Satisfied Customers:

    3035
    Expert in Java C++ C C# VB Javascript Design SQL HTML
  • http://ww2.justanswer.com/uploads/lanis/2009-4-1_233717_phput9xef_c1pm.jpg Lani S.'s Avatar

    Lani S.

    Tutor

    Satisfied Customers:

    2457
    Registered Nurse, Internet Researcher, Private Tutor
  • http://ww2.justanswer.com/uploads/chooser77/2009-08-18_162025_Chris.jpg Chris M.'s Avatar

    Chris M.

    M.S.W. Social Work

    Satisfied Customers:

    2341
    Master's Degree, strong math and writing skills, experience in one-on-one tutoring (college English)
  • http://ww2.justanswer.com/uploads/JawaadAhmed/2009-6-27_12137_SIs_SHadi.jpg F. Naz's Avatar

    F. Naz

    Chartered Accountant

    Satisfied Customers:

    1975
    Experience with chartered accountancy
  • http://ww2.justanswer.com/uploads/JK/jkcpa/2011-1-16_182614_jkcpa.64x64.jpg Bizhelp's Avatar

    Bizhelp

    CPA

    Satisfied Customers:

    1873
    Bachelors Degree and CPA with Accounting work experience