MBE Rules · Constitutional Law

Standing

Lujan

The rule

Article III standing requires: (1) injury in fact (concrete, particularized, actual or imminent), (2) causation (fairly traceable to defendant's conduct), and (3) redressability (likely to be redressed by favorable decision). Third-party and taxpayer standing have separate prudential rules.

In plain English

To bring a lawsuit, you need a real injury caused by the person you're suing, and the court must be able to fix it.

Worked example

A homeowner sues a factory for pollution. The pollution damages her garden, and a court ruling could stop the factory, fixing her issue.

Memory hook

Standing: Injury, Cause, Cure. Must show personal harm, link to defendant, and court fix.

The trap

Students think: Any harm suffices. Wrong, because harm must be concrete and particularized. The actual test is injury in fact, not just any grievance.

How examiners test it

The MBE loves: environmental group sues over policy. Trap: assuming standing without personal harm. Look for concrete injury, not just broad interest.

Drill this rule until it can't fail you.

Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.