The Parties and Their Claims

These flashcards cover key concepts about legal parties, their roles, and related claims based on the lecture notes.

Who is the Plaintiff in a court action?

The Plaintiff is the party who brings the action against another party due to a claim.

What is the role of the Defendant in a court case?

The Defendant is the party who defends against the claims brought by the Plaintiff.

What is a Counterclaim?

A Counterclaim is a claim made by a Defendant against the Plaintiff in the same action.

What is a Cross Claim?

A Cross Claim is a claim made by one Defendant against another Defendant in the same action.

What must plaintiffs have to have standing in a legal case?

Plaintiffs must have suffered some type of loss caused by the defendants to establish standing.

What are Special Proceedings?

Special Proceedings are actions authorized by law that require speedy attention and resolution, often found in the CPLR.

What is an Interpleader?

An Interpleader is when a party anticipates being brought into multiple court cases for essentially the same claim and wants to consolidate them.

What is required for a non-party to intervene by right in a legal action?

A non-party may intervene by right if a statute confers the ability to do so, the action concerns real property affecting them, or in class actions where their interest is inadequately represented.

What is the significance of a Personal Representative in a court case?

A Personal Representative stands in for a party who cannot represent themselves, such as due to death or incompetency.

What is a Class Action lawsuit?

A Class Action is when one or more parties sue a defendant on behalf of a larger group with common claims.