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Dictionary of Law |
real party in interest :: legal definitionReal party in interest - n. the person or entity who will benefit from a lawsuit or petition even though the plaintiff (the person filing the suit) is someone else, often called a "nominal" plaintiff. Example: a trustee files a suit against a person who damaged a building owned by the trust; the real party in the interest is the beneficiary of the trust. Related Law Termsabstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lienactual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit 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. after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy 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 class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. 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." complaint :: n. the first document filed with the court (actual ... g prayer service of process summons 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 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 deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default 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 domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will 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. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor 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 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. interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits 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 judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander 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. malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice 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 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 party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. 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 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 qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. 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. 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 service of process :: n. the delivery of copies of legal documents such ... by publication substituted service statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs). subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness title :: n. 1) ownership of real property or personal prope ... ink slip real property title search toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. 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 wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). Popular Law Searcheslegal 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 - Rrace to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgageRacketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses. racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia"). ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property. ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective. ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract. 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 realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities. reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence |