Civic · 6 pages · 12 min

Why a harmed person and a curious person are not the same

A harmed plaintiff has a concrete stake, while a curious person has only a question.

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From the opening

A harmed person can point to a particular loss, risk, or denial that the court's order might repair or stop. A curious person can point to a question they want answered, or a law they want enforced against someone else, without that personal stake. The opening covers harm is a particular stake, curiosity asks a general question, and the remedy must change something.

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Inside

  • Harm is a particular stake
  • Curiosity asks a general question
  • The remedy must change something
  • Disagreement alone is not injury
  • Where the idea stops applying
  • A distinction worth keeping

Sources

  • Generalized grievance
  • Particularized injury for standing