identity of parties 当事人的同一性 １相同的当事人之间在判决生效后，因受既判力〔res adjudicata〕的约束，任何一方不得基于同一诉讼原因，就同一诉讼标的再行起诉对方；２当事人的同一性是进行诉讼原因合并的先决条件，即所有诉因应影响诉讼的所有当事人，包括原告当事人和被告当事人；３当事人的同一性是以前一诉讼尚未终结为由而提出妨诉答辩〔plea in abatement〕的先决条件，即本诉讼的当事人必须与前一诉讼的当事人相同，并且代表相同的利益。
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identity of parties. Civil procedure. A relationship between two parties who are so close that a judgment against one prevents later action against the other because of res judicata. [Cases: Judgment 624–631, 665–678. C.J.S. Judgments §§ 697, 706, 828–833, 835, 837–840, 842–861, 912.] identity theory of ademption. See ADEMPTION.
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Civil procedure. A relationship between two parties who are so close that a judgment against one prevents later action against the other because of res judicata. [Cases: Judgment 624–631, 665–678.C.J.S. Judgments §§ 697, 706, 828–833, 835, 837–840, 842–861, 912.]
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identity of interests. Civil procedure. A relationship between two parties who are so close that suing one serves as notice to the other, so that the other may be joined in the suit. Fed. R. Civ. P. 15(c)(3). [Cases: Limitation of Actions 127. C.J.S. Limitations of Actions § 235.]
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journal of notarial acts (noh-tair-ee-[schwa]l). The notary public’s sequential record of notarial transactions, usu. a bound book listing the date, time, and type of each official act, the type of instrument acknowledged or verified before the notary, the signature of each person whose signature is notarized, the type of information used to verify the identity
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Jane Doe. A fictitious name for a female party to a legal proceeding, used because the party’s true identity is unknown or because her real name is being withheld. — Also termed Jane Roe; Mary Major. Cf. JOHN DOE. [Cases: Federal Civil Procedure 101; Parties 73.]
private judging. A type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. • This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. — Also termed rent-a-judging. “In contrast [to arbitration], private judging is
Richard Roe. A fictitious name for a male party to a legal proceeding, used because the party’s true identity is unknown or because his real name is being withheld; esp., the second of two such parties. Cf. JOHN DOE. [Cases: Federal Civil Procedure 101; Parties 67, 73. C.J.S. Parties §§ 170, 172.]
view, n. 1. The common-law right of prospect — that is, an outlook from the windows of one’s house. 2. An urban servitude that prohibits the obstruction of the outlook from a person’s house. [Cases: Adjoining Landowners 10; Easements 11, 19, 45. C.J.S. Adjoining Landowners §§ 68–69, 71, 74; Easements§§ 51–52, 85–87, 151.] 3. A