Search results
Results From The WOW.Com Content Network
It provides that each party is responsible for paying its own attorney's fees, [1] [2] unless specific authority granted by statute or contract allows the assessment of those fees against the other party. In other parts of the world, the English rule is used, under which the losing party pays the prevailing party's attorneys' fees.
The text of 42 U.S.C. § 1988(b) are as follows: "(b) Attorney’s fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318, the Religious Freedom Restoration Act of 1993, the Religious Land Use and Institutionalized Persons Act of 2000, title VI of the Civil Rights Act of 1964, or section 12361 ...
a showing that the applicant is a "prevailing party" a showing that the applicant is "eligible to receive an award" a limit on the net worth of the party (see Net worth) an allegation that "the position of the United States was not substantially justified" (see Substantial Justification and Special Circumstances and Scarborough v.
A typical real estate contract specifies a date by which the closing must occur. The closing is the event in which the money (or other consideration) for the real estate is paid for and title (ownership) of the real estate is conveyed from the seller(s) to the buyer(s). The conveyance is done by the seller(s) signing a deed for buyer(s) or ...
An exculpatory clause is generally only enforceable if it does not conflict with existing public policy. [2] The two other prerequisites for an exculpatory clause to be valid are that the contract must pertain to the involved parties' private affairs, and each of the involved parties must be free bargaining agents to the contract in question ...
Market value is the prevailing, but not exclusive measure of determining the just compensation owed to a landowner under the Fifth Amendment. Fair Market Value is defined by appraisers as the most probable price, in terms of cash that would be paid by a willing buyer to a willing seller, each being fully informed of the property's good and bad features, with the property being exposed on the ...
In law, the real party in interest is the one 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).
For example, making payments on the mortgage can evince an intent to assume it, as can paying less than the value of the property (if the difference is the amount outstanding on the mortgage). Absent an assumption of the mortgage by the purchaser, the purchaser buys the property subject to the mortgage, which means the property is still ...