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An adverse party is an opposing party in a lawsuit under an adversary system of law. In general, an adverse party is a party against whom judgment is sought or "a party interested in sustaining a judgment or decree." [1] For example, the adverse party for a defendant is the plaintiff. [2]
Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. The court will order the adverse party to refrain from certain actions or require compliance with certain provisions.
When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. Leading questions are the primary mode of examination of witnesses who are hostile to the examining party, and are not objectionable in that context.
The party seeking title by adverse possession may be called the disseisor, meaning one who dispossesses the true owner of the property. [38] Although the elements of an adverse possession claim may be different in a number of states, adverse possession requires at a minimum five basic conditions being met to perfect the title of the disseisor.
Adverse; Adverse inference; Adverse party; Affray; Affreightment; After-acquired property; Age of candidacy; Agreement in principle; Allegation; Allonge; Ambiguity (law) Ampliative; An unjust law is no law at all; Angary; Animus (law) Antecedent (law) Antedated contract; Appearance (law) Appearance of impropriety; Apportionment; Arbitrariness ...
The party admission, in the law of evidence, is a type of statement that appears to be hearsay (an out of court statement) but is generally exempted (excluded) from the definition of hearsay because it was made by a party to the litigation adverse to the party introducing it into evidence.
A party has standing in the following situations: The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified.
Very commonly, the debtor-in-possession in a Chapter 11 reorganization of a business debtor will initiate adversary proceedings against a party with whom the debtor had an executory contract, against whom it had a claim in tort, or to whom it made a preferential transfer prior to filing for bankruptcy, intending to collect funds to maximize ...