Proper

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Proper

Fit; correct; reasonably sufficient. That which is well adapted or appropriate.

Proper care is the degree of care a reasonable, prudent person would use under similar circumstances.

A proper party is an individual who has an interest in the litigation. He or she can be joined—that is, brought into the action—but his or her nonjoinder will not result in a dismissal. A substantial judicial decree can still be rendered in the absence of a proper party. A proper party is distinguishable from a necessary party in that the latter must be joined in order to give complete relief to the litigants.

Cross-references

Joinder.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

PROPER. That which is essential, suitable, adapted, and correct.
     2. Congress is authorized by art, 1, s. 8, of the constitution of the United States, "to make all laws which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution of the United States, in any department. or officer thereof." See Necessary and Proper.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.