proper party

proper party

n. a person or entity who has an interest (financial or protection of some legal rights) in the subject matter of a lawsuit and, therefore, can join in the lawsuit as he/she/it wishes, or may be brought into the suit (as an unnecessary party) by one of the parties to the legal action. However, the judgment may leave some matters undecided. A proper party is distinguished from a "necessary party" which the court will order joined in (brought into) the suit if any judgment is to be reached. Example: Marianne Steel and Isaac Iron both own lots with vacation cabins up the hill from Allen Albright's ranch, and for years both Steel and Iron have driven up an old road across Albright's property to reach their cabins. Steel brings a quiet title action against Albright to establish a "prescriptive easement" over the roadway, but Iron does not. The court rules in favor of Steel, but says nothing about Iron. In this case Iron is a "proper party," but did not choose to participate, and was not necessary for Steel to obtain a judgment for herself. (See: party, necessary party)

References in periodicals archive ?
There are no proper party offices in small cities and rural areas.
N: A proper party with all the usual flashing lights you would expect, and some very loud house and techno music
It is not and has never been a proper party to this appeal.
However, the main challenge is to build up a proper party organization.
TUESDAY METRONOMY Joe Mount's brilliant electronic pop outfit make a welcome return to Glasgow tonight for what will a proper party at the O2 ABC.
If the Comelec is the proper party to issue that, I dont think there's problem complying with it,' said Spokesman James Jimenez.
4th DCA 2016), highlights the uncertainty in Florida law over the proper party to bring a cause of action for the return of assets transferred by the decedent prior to the decedent's death or inter vivos transfers.
Francis Egan, chief executive officer, Cuadrilla said, "We are disappointed that Labour has reversed the positive view of shale gas it has held to date, without a proper Party debate.
A packed programme of events saw Cardiff put on a proper party on Saturday, as the annual carnival snaked through crowds of happy onlookers.
But saying that Labour must not lurch any further to the left and it must become a proper party of opposition not a protest party espousing student union radicalism.
As a result, the voters who are fed up with the AKP do not have a proper party to vote for.