Wolf DA, My Gambino friends, who you mess with, invoke this: I remove your cops DUI Case against me to federal court. This is a federal DUI question of Standing law - No client, not cop DUI Case. No fudging around it. DA know how to read? Local Court’s Steal Americans “Standing” Law Only actual cases and controversies may be heard by the courts; the judicial power does not extend to cases which are hypothetical, or which are precluded because of problems with standing, mootness, or ripeness. Generally, a case or controversy requires the presence of adverse parties. Muskrat v. United States, 219 U.S. 346 (1911). Police v. Federal Citizens No Jurisdiction, No Client Cops STANDING - The legal right to initiate a lawsuit. To do so, an identified person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action. There are three requirements for Article III standing: (1) Injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not slight, conjectural or hypothetical; (2) A causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court; and (3) A likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative. Lujan v. Defenders of Wildlife, 112 S. Ct. 2130, 2136 (1992) (Lujan). The [DA-AG Top] party invoking jurisdiction bears the burden of establishing each of these elements. Id. In deciding whether P has standing, a court must consider the allegations of fact contained in Ps declaration and other affidavits in support of his assertion of standing. Standing is founded in concern about the proper--and properly limited--role of the courts in a democratic society. Warth, 422 U.S. at 498. When an individual seeks to avail himself of the courts to determine the validity of a legislative action, he must show that he is immediately in danger of sustaining a direct injury. Ex parte Levitt, 302 U.S. 633, 634 (1937). This requirement is necessary to ensure that courts reserve their judicial power for `concrete legal issues, presented in actual cases, not abstractions. Someone [DA] who seeks injunctive or declaratory relief must show `a very significant possibility of future harm in order to have standing to bring suit. See Warth v. Seldin, 422 U.S. 490, 501 (1974) (Warth). See also Warth, 422 U.S. at 501 (when addressing motion to dismiss for lack of standing, both district court and court of appeals must accept as true all material allegations of the complaint and must construe the complaint in favor of the party claiming standing). Associated General Contractors of CA v. Coalition for Economic Equity, 950 F.2d 1401, 1406 (9th Cir. 1991) (quoting United Public Workers, 330 U.S. at 89), cert. denied, 112 S. Ct. 1670 (1992). National Environmental Policy Act, 42 U.S.C. S 4331, et seq. Nelsen v. King County, 895 F.2d 1248, 1250 (9th Cir. 1990), cert. denied, 112 S. Ct. 875 (1992).
Posted on: Sun, 01 Dec 2013 03:33:32 +0000
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