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MBE Question of the Day – Answer
As bar exam results from the July 2022 exam begin to be released in states around the country, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!
MBE Question of the Day – Answer
Answer (B) is correct.
Issue: Whether an organization has standing to attack the state regulation on behalf of a disabled population.
Rule: The general rule is that a party to an action may not assert the rights of persons not before the court. This is known as standing. Standing, in its most basic form, requires that the plaintiff have a significant stake in the outcome of the case. If the plaintiff lacks standing, the court will not hear the case. However, there are some exceptions where a party may assert the rights of others not before the court. One exception is when the party not before the court may find difficulty in asserting their own rights. Moreover, when the government action causes an injury in fact to an organization’s members, the organization has standing so long as it can show: (A) There was an injury in fact to the organization’s members. The injury caused to the organization’s members must be an injury that would give the individual members a right to sue on their own; (B) The injury must relate to the purpose of the organization; and (C) The claim or the relief requested does not require the individual members to participate in the suit.
Analysis: Here, the organization can show that it would be difficult for paralyzed individuals to defend their rights due to their disability (i.e. possible difficulty traveling long distances, the need for caregivers). Furthermore, the factors for the organization to have standing are satisfied. There is an injury-in-fact to its members (they are unable to obtain a driver’s license); the injury relates to the purpose of the organization which is to enforce the rights of the handicapped; and the relief sought does not require the participation of the individual members. (B) is correct because it accurately states an exception to the standing clause that would allow a party that is not directly injured to have standing to assert the claims of an injured party on their behalf. (A) is incorrect because the handicapped are not a suspect class. (C) is incorrect because though a state may pass regulations to protect the safety and welfare of its citizens, such regulations are subject to challenge, for example if the regulation denies a right to a class of people. (D) is incorrect because an organization can have standing on behalf of its members if certain elements are met, which they are here.