A party to an action who has no control over it and no financial interest in its outcome; esp., a party who has some immaterial interest in the subject matter of a lawsuit and who will not be affected by any judgment, but who is nonetheless joined in the lawsuit to avoid procedural defects. • […]
supersede, vb. 1. To annul, make void, or repeal by taking the place of (the 1996 statute supersedes the 1989 act). 2. To invoke or make applicable the right of supersedeas against (an award of damages) (what is the amount of the bond necessary to supersede the judgment against her?). [Cases: Appeal and Error 458,
judicial restraint. 1. A restraint imposed by a court, as by a restraining order, injunction, or judgment. 2. The principle that, when a court can resolve a case based on a particular issue, it should do so, without reaching unnecessary issues. [Cases: Appeal and Error 843; Federal Courts 756. C.J.S. Appeal and Error §§ 705–706.]
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race to the courthouse. 1. Bankruptcy. The competition among creditors to make claims on assets, usu. motivated by the advantages to be gained by those who act first in preference to other creditors. • Chapter 11 of the Bank-ruptcy Code, as well as various other provisions, is intended to prevent a race to the courthouse
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affirmance, n. 1. A ratification, reacceptance, or confirmation. “A party who has the power of avoidance may lose it by action that manifests a willingness to go on with the contract. Such action is known as ‘affirmance’ and has the effect of ratifying the contract. See Restatement of Restitution § 68. The rule stated in
nul tiel record, n. [Law French “no such record”] A plea denying the existence of the record on which the plaintiff bases a claim. • Evidence may generally be introduced to invalidate the record only, not the statements in the record. See trial by record under TRIAL. [Cases: Judgment 914.] “The proper general issue in
quale jus (kway-lee orkwah-lee j[schwa]s). [Latin “what kind of right”] Hist. A writ ordering an escheator to inquire into the extent of a religious person’s right to a judgment, before its execution, to make sure that the judgment was not collusively made to avoid the mortmain statute.
revival, n. 1. Restoration to current use or operation; esp., the act of restoring the validity or legal force of an expired contract or dormant judgment. — Also termed (for a dormant judgment) revival of judgment. Cf. RENEWAL(2). [Cases: Federal Civil Procedure 2399; Judgment 857–872. C.J.S. Judgments §§ 640–655.] 2. Wills & estates. The reestablishment
An appeal having no legal basis, usu. filed for delay to induce a judgment creditor to settle or to avoid payment of a judgment. • Federal Rule of Appellate Procedure 38 provides for the award of damages and costs if the appellate court determines that an appeal is frivolous. Fed. R. App. P. 38. [Cases:
accounting for fruits. Civil law. A claim for the return of natural or civil fruits against an adverse possessor or other person obligated by law or contract to account for fruits. See FRUIT(2). ACCOUNTING FOR PROFITS accounting for profits. An action for equitable relief against a person in a fiduciary relationship to recover profits taken
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