Search results
Results From The WOW.Com Content Network
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]
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented.
Adverse authority or adverse controlling authority, in United States law, is some controlling authority based on a legal decision and opposed to the position of an attorney in a case before the court. The attorney is under an ethical obligation to disclose that legal decision, which is an adverse authority, to the court.
In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations:
The adversarial system or adversary system or accusatorial system [1] or accusatory system [2] is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly.
For a court to act upon a case, however, the dispute must concern a definite and concrete matter. For it to even be a dispute, it requires the parties have adverse legal interests. From these characteristics may be distilled factors determining the justiciability of a case or controversy before a federal court:
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 ...
In the legal system in the United States, In re is used to indicate that a judicial proceeding may not have formally designated adverse parties or is otherwise uncontested. In re is an alternative to the more typical adversarial form of case designation, which names each case as "Plaintiff v. (versus) Defendant", as in Roe v. Wade or Miranda v ...