Friday, July 30, 2010

PDD.134: A Lawsuit is the Remedy

To force governmental agents to disclose the Public Duty Doctrine, something like a Miranda warning, a lawsuit is necessary.

In order to sue, I believe two criteria have to be met: one, you have to show harm; and, two, you have to prove standing to sue.

According to Black's Law Dictionary, harm is defined as "The existence of loss or detriment in fact of any kind to a person resulting from any cause. See also Damages; injury; physical injury."

Regarding the above, see Tort.

And, lastly, according to Black's, standing (see Standing to sue doctrine) is defined, as follows: "Standing to sue" means that party has sufficient stake in an otherwise justiciable controversy to obtain judicial resolution of that controversy. Standing is a concept utilized to determine if a party is sufficiently affected so as to insure that a justiciable controversy is presented to the court. The requirement of "standing" is satisfied if it can be said that the plaintiff has a legally protectible and tangible interest at stake in the litigation. Standing is a jurisdictional issue which concerns power of federal courts to hear and decide cases and does not concern ultimate merits of substantive claims involved in the action. Standing is a requirement that the plaintiffs have been injured or been threatened with injury by governmental action complained of, and focuses on the question of whether the litigant is the proper party to fight the lawsuit, not whether the issue itself is justiciable. See also Case (Cases and controversies); Justiciable controversy; Ripeness doctrine.

Continuing: "Administrative Procedure Act. Such Act authorizes actions against federal officers by 'any person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute.' 5 U.S.C.A. 702"

As an aside, I believe statutes of limitations factor in.

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