Dictionary of Law

nominal party :: legal definition

Nominal party - n. a defendant or a plaintiff included in a lawsuit because of a technical connection with the matter in dispute, and necessary for the court to decide all issues and make a proper judgment, but with no responsibility, no fault and no right to recovery. Example: suing an escrow holder or trustee who is holding a title to real property or deposited funds but has no interest in the property, funds or the lawsuit. Thus the court can order the nominal defendant to transfer title or pay out the funds when the rights of the real parties are decided.

See also: necessary party party and Related Law Terms ↓

Related Law Terms

abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
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
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
appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property.
assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
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.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
community property :: n. property and profits received by a husband and ... and distribution separate property
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
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
confrontation :: n. 1) fight or argument. 2) the right of a crimina ... s. See also: Bill of Rights witness
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
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
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defect :: n. an imperfection, quite often so great that the ... See also: defective defective title
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff
demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure.
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
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
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
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
grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
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
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
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.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
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 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.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging.
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
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
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
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
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
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
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
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested

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Other Law Terms - N

N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
National Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections.
natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state.
natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person.
necessary :: adj., adv. 1) essen- tial. 2) less forcefully, it ... nient, useful or making good sense.
necessary inference :: n. 1) a conclusion militated by reason and logic a ... nown facts. 2) unavoidable meaning.
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
negative declaration :: n. a finding by a city council or other local gove ... so: EIR environmental impact report
negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date.
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se
negligent :: adj., adv. careless in not fulfilling responsibili ... esponsibility. See also: negligence
negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check
negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument
net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate
net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax
new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer
next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem
next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution
nihil :: (ni [as in it]-hill) n. from Latin for nothing. ... t]-hill) n. from Latin for nothing.