Dictionary of Law
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indispensable party :: legal definition


Indispensable party - n. a person or entity which must be included in a lawsuit so that the court can make a final judgment or order that will conclude the controversy. Example: Ned Neighbor brings an action to enforce his claimed right to cross the property of Oliver and Olivia Owner, but only names Oliver as a defendant. To make it possible for the court to order the property owners to honor Ned's easement, Olivia as a co-owner is an indispensable party. The procedural solution is for Neighbor to amend his complaint or petition to join Olivia as a defendant.


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale
just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property.
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant

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 - I

i.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien
illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
impanel :: v. to select and install a jury. See also: impanel ... l a jury. See also: impaneling jury
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract
impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children.
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture