# Standing

Standing is a constitutional requirement for litigation to proceed after the [lawsuit commences](/learn/sourcebooks/business-law-i/litigation/pretrial-procedures.md#pleadings). Article III of the U.S. Constitution grants the judiciary the power to hear “cases” and “controversies.” This means actual cases and controversies, not merely hypothetical ones. The standing requirement means that courts are unable to give advisory opinions. Standing is a doctrine that limits judicial overreach by limiting the types of cases that are litigated in court.

To demonstrate **standing**, a party has to prove that it has an actual case to proceed. This is a procedural matter, and it requires the case to be brought at the right time. If a case is brought too early, it is not yet [**rip**](#user-content-fn-1)[^1]**e**. If it’s brought too late, then the case is [**moot**](#user-content-fn-2)[^2].

The case also has to be brought by the right person. To show standing, a plaintiff has to demonstrate that he or she has an actual stake in the litigation, or something of value that would be lost if he or she loses the case. It’s important to note that standing is not related to the merits of the case. It only means that a party may proceed with litigation.

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<summary>Attributions and Licensing</summary>

Except where otherwise noted, this page's content is adapted from [Standing](https://pressbooks.pub/introductiontobusinesslaw/chapter/chapter-3/) in [*Fundamentals of Business Law* ](https://pressbooks.pub/introductiontobusinesslaw/)by Melissa Randall (2020), used under [CC BY-NC-SA 4.0](https://creativecommons.org/licenses/by-nc-sa/4.0/). This page is licensed under [CC BY-NC-SA 4.0](https://creativecommons.org/licenses/by-nc-sa/4.0/). <img src="/files/pPi3atcoqT9rA4kTq80x" alt="" data-size="line">

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[^1]: The doctrine of ripeness refers to the readiness of the current facts of a specific case. (For more information, see the [Legal Information Institute](https://www.law.cornell.edu/wex/ripe).)

[^2]: An issue or case being moot means that it has lost its practical significance because the underlying controversy has been resolved, one way or another. Once the dispute resolves, the court no longer has any issues to decide. (For more information, see the [Legal Information Institute](https://www.law.cornell.edu/wex/moot).)


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