nominal party

nominal party
nominal party see party 1b

Merriam-Webster’s Dictionary of Law. . 1996.

nominal party
n.
A plaintiff or defendant joined to an action for jurisdictional or procedural reasons, not because of any injury or liability.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


nominal party
A plaintiff or defendant in a lawsuit who may not have any actual interest or responsibility in a lawsuit but who is included because of technical reasons — for example, an escrow company (temporarily holding title to property) may be named in a lawsuit over a real property sale. Without the nominal party, the court is unable to render the judgment to transfer the property. (See also: necessary party, party)
Category: Small Claims Court & Lawsuits
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.

nominal party
n.
   a defendant or a plaintiff included in a lawsuit because of a technical connection with the matter in dispute, and necessary for the court to decide all issues and make a proper judgment, but with no responsibility, no fault and no right to recovery. Example: suing an escrow holder or trustee who is holding a title to real property or deposited funds but has no interest in the property, funds or the lawsuit. Thus the court can order the nominal defendant to transfer title or pay out the funds when the rights of the real parties are decided.
   See also: necessary party, party

Law dictionary. . 2013.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • Nominal party — In a civil lawsuit, a nominal party is one named as a party on the record of an action, but having no interest in the action. References  This article incorporates text from The Century Dictionary and Cyclopedia, a publication from 1906 now… …   Wikipedia

  • nominal party — One suing or defending for the use and benefit of another. A person who is the plaintiff in an action, but who is not the real party in interest. One joined as a party to comply with a technical rule of practice, not because he has an interest in …   Ballentine's law dictionary

  • party — par·ty n pl parties 1 a: one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement the parties to a contract a person who signed the instrument as a party to the instrument… …   Law dictionary

  • nominal — Titular; existing in name only; not real or substantial; connected with the transaction or proceeding in name only, not in interest. Park Amusement Co. v. McCaughn, D.C.Pa., 14 F.2d 553, 556. Not real or actual; merely named, stated, or given,… …   Black's law dictionary

  • nominal — Titular; existing in name only; not real or substantial; connected with the transaction or proceeding in name only, not in interest. Park Amusement Co. v. McCaughn, D.C.Pa., 14 F.2d 553, 556. Not real or actual; merely named, stated, or given,… …   Black's law dictionary

  • party in interest — A party to an action who has an actual interest in the controversy, as distinguished from a nominal party. See interested person …   Ballentine's law dictionary

  • nominal plaintiff — See nominal party …   Ballentine's law dictionary

  • nominal damages — see damage 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. nominal damages n …   Law dictionary

  • party — A person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually. A party to an action is a person whose name is designated on record as plaintiff or defendant. M & A Elec. Power Co op, v.… …   Black's law dictionary

  • nominal — I. adjective Etymology: Middle English nominalle, from Medieval Latin nominalis, from Latin, of a name, from nomin , nomen name more at name Date: 15th century 1. of, relating to, or being a noun or a word or expression taking a noun construction …   New Collegiate Dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”