Written by attorneys · grounded in primary & secondary sources — see below
A person or entity that participates in a legal transaction, agreement, or proceeding.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Pretend Agreement in Conspiracy
Preston Pratt approached Paula Pierce with a plan to rob a bank and believed she had agreed to join him. Paula only pretended to agree while planning to alert the police. Because Paula did not genuinely share the criminal objective, Preston cannot be convicted of conspiracy.
Risk of Loss After Contract
Pearl Porter signed a contract to purchase land from Paragon Construction. Before closing the property suffered storm damage. Pearl bears the risk of loss because she holds the equitable interest as buyer.
United States as Party
The United States filed suit against Phoenix Technologies for breach of a federal procurement contract. The action falls within federal judicial power because the United States is a party.
Piper Patel was represented by counsel in a pending civil action. The opposing side attempted to serve documents directly on Piper. Service must instead be made on her attorney.
Request for Judicial Notice
Paul Peterson asked the court to take judicial notice of a publicly recorded deed and supplied the required information. The court must take judicial notice of the fact.
Related Conspiracies in Scheme
Pulse Media and several individuals were charged with multiple conspiracies that formed parts of a single organized criminal scheme. The conspiracies involved overlapping parties and were treated as different aspects of the same scheme.
Common questions
Frequently Asked
4
How many parties must genuinely agree for a common-law conspiracy?+
At common law a conspiracy requires at least two parties who actually share the criminal intent. If one party only pretends to agree, no conspiracy exists.
Supporting sources
When does a buyer become a party with equitable interest in land?+
Once a binding contract for the sale of land is formed the buyer holds an equitable interest and the seller holds legal title in trust for the buyer.
Supporting sources
Must service be made on a represented party personally?+
When a party is represented by an attorney, service must be made on the attorney unless the court orders otherwise.
Supporting sources
What must a court do when a party properly requests judicial notice?+
The court must take judicial notice if a party requests it and supplies the necessary information.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…the appointment is complete. A mandamus is the proper remedy to compel a Secretary of State to deliver a commission to which the party is entitled. A justice of the peace in the District of Columbia is not removable at the will of the President. At the last term, viz. December term, 1801, William Marbury, Dennis Ramsay,…
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