Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

party :: legal definition


Party - n. 1) one of the participants in a lawsuit or other legal proceeding who has an interest in the outcome. Parties include plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a person sued by a cross-complainant). 2) a person or entity involved in an agreement. 3) a common reference by lawyers to people or entities involved in lawsuits, transactions, contracts or accidents, as in "both parties knew what was expected," "he is a party to the contract," "he was not a party to the criminal conspiracy:."

See also: contract cross-complaint defendant indispensable party necessary party petitioner plaintiff proper party real party in interest respondent and Related Law Terms ↓


Related Law Terms

action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition
commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
corporation :: n. an organization formed with state governmental ... ation public corporation securities
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
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
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
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
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
summons :: n. a document issued by the court at the time a la ... use service service of process writ
third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

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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.