Friday, June 18, 2010

Right to sue

All legal systems impose a requirement that a plaintiff have an interest for which he seeks protection in the lawsuit. Generally, only persons who have suffered an injury that can be remedied by the outcome of the lawsuit may sue—a doctrine sometimes called “standing” to sue. Furthermore, only a person who owns (or claims to own) the right or obligation under suit can be a party to a suit involving that right. In the United States this rule is frequently called the real party in interest rule, and similar rules exist in other countries (e.g., Italy and France). The real party in interest ordinarily will be the person who will ultimately benefit from any recovery obtained. In matters of public law, the ability to sue is sometimes restricted less narrowly than in pure private-law actions. For example, in France and in some U.S. states, citizens can bring actions in court to attack certain governmental expenditures

in reference to: procedural law :: The framework for litigation -- Britannica Online Encyclopedia (view on Google Sidewiki)

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Phil Reddish telling on him self