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Real Party In Interest
In law, the real party in interest is the party who possesses the substantive right being asserted and has a legal right to enforce the claim (under applicable substantive law). The "real party in interest" must also sue in his own name. In many situations, the real party in interest will be the parties themselves (i.e., plaintiff and defendant). Applications In California law, when a case goes up on writ of mandate (California's version of ''mandamus''), the appellant goes first in the case caption on appeal as the petitioner, and the superior court becomes the respondent. The actual opponent is listed below those names as the "real party in interest." This is how several famous California cases like '' Burnham v. Superior Court of California'' (1990) ended up with such unusual names. In Michigan law, the real-party-in-interest rule recognizes that litigation should be begun only by a party having an interest that will nsuresincere and vigorous advocacy. When a trustee is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Party (law)
A party is an individual or group of individuals that compose a single legal person, entity which can be identified as one for the purposes of law. Parties to litigation 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). A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the defendant, or, in older American cases, the ''party of the second part''. In a criminal case in Nige ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantive Law
Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure. Henry Sumner Maine said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only see the law through the envelope of its technical forms."Henry Sumner Maine. On Early Law and Custom. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Law
The law of California consists of several levels, including Constitutional law, constitutional, Statutory law, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the California Code of Regulations. Sources of law The California Constitution, Constitution of California is the foremost source of state law. Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Codes. State agencies promulgate regulations with the California Regulatory Notice Register, which are in turn codified in the California Code of Regulations. California's legal system is based on common law, which is interpreted by case law through the legal opinion, decisions of the Supreme Court of California, California Courts of Appeal, and Appellate Divisions of the Superior Courts of California, and published in the ''California Reports'', ''California Appell ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Mandate (California)
The writ of mandate is a type of extraordinary writ in the U.S. state of California. In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things. A writ of mandate may be granted by a court as an order to an inferior tribunal, corporation, board or person, both public and private. Unlike the federal court system, where interlocutory appeals may be taken on a permissive basis and mandamus are usually used to contest recusal decisions, the writ of mandate in California is not restricted to ''purely'' ministerial tasks, but can be used to correct any legal error by the trial court. Nonetheless, ordinary writ relief in the Court of Appeal is rarely granted. Writs are generally divided into two categories: the most common form of writ petition is ordinary mandate, which is a highly informal process mostly governed by advisory rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandamus
A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing. Writs of mandamus are usually used in situations where a government official has failed to act as legally required or has taken a legally prohibited action. Decisions that fall within the discretionary power of public officials cannot be controlled by the writ. For example, mandamus can not force a lower court to take a specific action on applications that have been made. However, if the court refuses to rule at all, then mandamus can be used to order the court to rule on the applications. Mandamus may be a command to take or not take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burnham V
Burnham may refer to: Places Canada *Burnham, Saskatchewan England *Burnham, Buckinghamshire **Burnham Beeches, a nature reserve ** Burnham railway station ** Burnham Grammar School ** East Burnham, a hamlet * Burnham-on-Crouch, Essex * Burnham Green, Hertfordshire, location of The White Horse * Burnham, Lincolnshire **High Burnham, Isle of Axholme, Lincolnshire **Low Burnham, Isle of Axholme, Lincolnshire *Burnham Market, Norfolk * Norfolk Burnhams * Burnham-on-Sea, Somerset New Zealand *Burnham, New Zealand army base United States *Burnham, Illinois * Burnham, Maine * Burnham, Missouri * Burnham, Pennsylvania * Mount Burnham, a peak along the San Gabriel Mountains in California Philippines * Burnham Park, a park in Baguio City Other uses * Burnham (band), a Vermont-based Pop-Rock band *Burnham (crater), on the Moon * Burnham (surname) *Baron Burnham, a title in the Peerage of the United Kingdom *Burnham Institute for Medical Research Sanford Burnham Prebys is a nonprof ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, refers to anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility for the benefit of another. A trustee can also be a person who is allowed to do certain tasks but not able to gain income.''Black's Law Dictionary, Fifth Edition'' (1979), p. 1357, . Although in the strictest sense of the term a trustee is the holder of property on behalf of a beneficiary, the more expansive sense encompasses persons who serve, for example, on the board of trustees of an institution that operates for a charity, for the benefit of the general public, or a person in the local government. A trust can be set up either to benefit particular persons or for any charitable purposes (but not generally for non-charitable purposes): typical examples are a will trust for the testator's children and family, a pension trust (to confer bene ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beneficiary (trust)
In trust law, a beneficiary (also known by the Law French terms and trust), is the person or persons who are entitled to the benefit of any trust arrangement. A beneficiary will normally be a natural person, but it is perfectly possible to have a company (law), company as the beneficiary of a trust, and this often happens in sophisticated commercial transaction structures. With the exception of charitable trusts, and some specific anomalous purpose trust, non-charitable purpose trusts, all trusts are required to have ascertainable beneficiaries. Generally speaking, there are no strictures as to who may be a beneficiary of a trust; a beneficiary can be a minor, or under a mental disability (in fact many trusts are created specifically for persons with those legal disadvantages). It is also possible to have trusts for unborn children, although the trusts must Vesting, vest within the applicable perpetuity period. Categorization There are various ways in which beneficiaries of tru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Law
A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is known as the "settlor", the party to whom it is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property is known as the "corpus" or "trust property". A ''testamentary trust'' is an irrevocable trust established and funded pursuant to the terms of a deceased person's will. An inter vivos trust is a trust created during the settlor's life. The trustee is the legal owner of the assets held in trust on behalf of the trust and its beneficiaries. The beneficiaries are equitable owners of the trust property. Trustees have a fiduciary duty to manage the trust for the benefit of the equitable owners. Trustees must provide regular accountings of trust income ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
