Private rights

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This is an old revision of this page, as edited by Surtsicna (talk | contribs) at 12:50, 11 May 2019 (What is a private citizen? Lots of articles mention it, but Wikipedia does not have a definition. One can only assume it's the opposite of public figure, but a dedicated article is probably warranted.). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

In the United States, a private right is one that a private citizen can vindicate in court. Compare public rights. There must be a private right for a citizen to have a claim. To have a private right of action, a citizen must be able to show that He/she has "sustained or is immediately in danger of sustaining some direct injury" and not that He/she "suffers in some indefinite way in common with people generally." Frothingham v. Mellon, 262 U.S. 447, 488 (1923). a distinction between criminal rights and "private rights," arguing that restrictions against ex post facto laws were not designed to protect citizens' contract rights.

References

  • Black's Law Dictionary
  • Frothingham v. Mellon, 262 U.S. 447
  • Hart & Weschler's Federal Courts and the Federal Court System, 5th ed. (2003)