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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 ...
Third party standing is a term of the law of civil procedure that describes when one party may file a lawsuit or assert a defense in which the rights of third parties are asserted. In the United States , this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims of right of a third party who is ...
General prohibition of third-party standing: A party may only assert their own rights and cannot raise the claims of a third party who is not before the court; exceptions exist where the third party has interchangeable economic interests with the injured party, or a person unprotected by a particular law sues to challenge the oversweeping of ...
A third-party beneficiary, in the civil law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract. This right, known as a ius quaesitum tertio , [ 1 ] arises when the third party ( tertius or alteri ) is the intended beneficiary of the contract, as opposed to a ...
Regarding a court below in an appeal, either a court of first instance or an appellate court, known as the court a quo. / ˌ eɪ ˈ k w oʊ / ab extra: from outside Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra. / ˌ æ b ˈ ɛ k s t r ə / ab initio: from the beginning
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, who is authorized to act on behalf of another (called the principal) to create legal relations with a third party. [1]
Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect debts or damages. [1] It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for their own benefit. [2]
An assignment does not necessarily have to be made in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee.