indispensable party

indispensable party
indispensable party see party 1b

Merriam-Webster’s Dictionary of Law. . 1996.

indispensable party
n.
A party who has such an important interest in a lawsuit that the judgment cannot be issued without his or her presence; see also joinder

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


indispensable party
A person or entity (such as a corporation) that must be included in a lawsuit in order for the court to render a final judgment. For example, if a person sues his neighbors to force them to prune a tree that poses a danger to his house, the lawsuit must name all owners of the relevant property.
Category: Real Estate & Rental Property → Homeowners
Category: Representing Yourself in Court
Category: Real Estate & Rental Property → Renters' & Tenants' Rights
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


indispensable party
n. A party who must be included in the case, due to the inevitability of his or her interests being affected by the court's judgment in same.

Webster's New World Law Dictionary. . 2000.


indispensable party
An individual who has an interest in the substantive issue of a legal action of such a nature that a final decree cannot be handed down without that interest being affected or without leaving the controversy in a condition whereby its final determination would be totally unconscionable.

Dictionary from West's Encyclopedia of American Law. 2005.


indispensable party
An individual who has an interest in the substantive issue of a legal action of such a nature that a final decree cannot be handed down without that interest being affected or without leaving the controversy in a condition whereby its final determination would be totally unconscionable.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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.

Law dictionary. . 2013.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • Indispensable party — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • indispensable party — A person materially interested either legally or beneficially in the subject matter of the suit. Green v Brophy, 71 App DC 299, 110 F2d 539, 9 ALR2d 1. A person who must be joined as a party if the action is to succeed. McAndrews v Krause, 245… …   Ballentine's law dictionary

  • necessary and indispensable party — See indispensable party; necessary party …   Ballentine's law dictionary

  • party — par·ty n pl parties 1 a: one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement the parties to a contract a person who signed the instrument as a party to the instrument… …   Law dictionary

  • indispensable — in·dis·pen·sa·ble /ˌin di spen sə bəl/ adj: having rights so connected to the claims of the parties to an action that the action cannot be adjudicated without affecting those rights see also indispensable party at party Merriam Webster’s… …   Law dictionary

  • party — A person who has engaged in a transaction or made an agreement. UCC § 1 201(29). One of the opposing litigants in a judicial proceeding–a person seeking to establish a right or one upon whom it is sought to impose a corresponding duty or… …   Ballentine's law dictionary

  • party — A person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually. A party to an action is a person whose name is designated on record as plaintiff or defendant. M & A Elec. Power Co op, v.… …   Black's law dictionary

  • necessary party — see party 1b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. necessary party …   Law dictionary

  • necessary party — A person without whom no judgment or decree determining the principal issues in the case can effectively be made; such a person as is necessary to a determination of the entire controversy. 39 Am J1st Parties § 5. A party to the proceeding whose… …   Ballentine's law dictionary

  • formal party — A classification of parties to an action. A nominal party rather than a necessary or indispensable party. Minnis v Southern Pacific Co. (CA9 Cal) 98 F2d 913. A person having no interest in the subject matter of the action but whose joinder as a… …   Ballentine's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”