What is the test for allowing a party not before the court to assert their own rights?

MultiRegion, United States of America

The following excerpt is from Isaacs v. U.S., 865 F.2d 264 (9th Cir. 1988):

Second, the principle of allowing one to assert the rights of another not before the court is narrowly construed. In determining this issue, the court must first inquire as to the relationship between the litigant and the parties whose rights he seeks to assert. "[T]he relationship between the litigant and the third party may be such that the former is fully, or very nearly, as effective a proponent of the right as the latter ..." Singleton v. Wulff, 428 U.S. 106, 115 (1976). Second, it must be determined whether an obstacle exists that would prevent the third party from asserting his right himself. Id.

Other Questions


Is there any case law in which the court has found that if a party is not moving, can the nonmoving party continue to sue the moving party? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
Does a party have a right to see the timesheets on which a district court relied on in issuing a fee award? (MultiRegion, United States of America)
Can a defendant waive his right to receive translation services provided by a court interpreter under the Court Interpreters Act? (MultiRegion, United States of America)
How have courts interpreted s. 2(e) of the Canadian Bill of Rights, s.2(e), s.3(e") of the Charter of Human Rights? (Canada (Federal), Canada)
Is a waiver enforceable if one of the parties relinquishes a right due to misrepresentations by the other party? (MultiRegion, United States of America)
In what circumstances have courts sustained the constitutionality of a statute which allows a defendant to request to be tried by the court instead of by the jury? (MultiRegion, United States of America)
Does a criminal defendant have a constitutional right to waive his right to counsel and represent himself in court pro se? (MultiRegion, United States of America)
When a criminal defendant is denied the right to appear in court pro se, can he rely on the "harmless error analysis" to determine if he has ever invoked his right to self-representation? (MultiRegion, United States of America)
Is a harsher sentence for a defendant's assertion of his right to trial a punishment for his assertion that he did not have a fair trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.