Dictionary of Law
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prevailing party :: legal definition


Prevailing party - n. the winner in a lawsuit. Many contracts, leases, mortgages, deeds of trust or promissory notes provide that the "prevailing party" shall be entitled to recovery of attorney's fees and costs if legal action must be taken to enforce the agreement. Even if the plaintiff gets much less than the claim, he/she/it is the prevailing party entitled to include attorney's fees in the collectable costs. Usually there is no prevailing party when a complaint is voluntarily dismissed prior to trial or settled before or after trial has begun.


Related Law Terms

appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.