Legal Definitions - litis dominium

Litis Dominium refers to the authority and control over a legal proceeding or lawsuit. It signifies the power to initiate, direct, and ultimately decide the course of a legal action, including whether to pursue it, settle it, or withdraw it. This control typically rests with the party who brought the lawsuit (the plaintiff) or their authorized legal representative. The individual or entity holding this power is sometimes referred to as the "dominus litis," or "master of the lawsuit."

• Example 1: Personal Injury Lawsuit

  Imagine Sarah is injured in a car accident caused by another driver, Mark. Sarah decides to sue Mark for her medical expenses and lost wages. In this scenario, Sarah, through her chosen attorney, holds the litis dominium. She has the ultimate authority to decide whether to accept a settlement offer from Mark's insurance company, proceed to trial, or even drop the lawsuit entirely. Her decisions dictate the direction and ultimate outcome of the legal action.

• Example 2: Insurance Subrogation Claim

  Consider a homeowner, Mr. Chen, whose roof is severely damaged by a defective product manufactured by Company X. His insurance company pays for all the necessary repairs under his policy. After compensating Mr. Chen, the insurance company often acquires the litis dominium over the claim against Company X. This means the insurance company, not Mr. Chen, now has the authority to initiate a lawsuit against Company X to recover the money they paid out. They control the legal strategy, settlement negotiations, and any court proceedings related to that specific claim, even though the original harm was to Mr. Chen's property.

• Example 3: Class Action Lawsuit

  Suppose thousands of consumers discover a significant defect in a popular smartphone model. A few affected individuals decide to initiate a class action lawsuit against the smartphone manufacturer on behalf of everyone who purchased the faulty device. In this class action, the named plaintiffs and their legal team hold the litis dominium for the entire class. They make critical decisions such as defining the scope of the class, negotiating a global settlement with the manufacturer, and determining the legal arguments to pursue. While the court must approve major decisions in a class action to protect the interests of all class members, the primary control over the litigation's direction and strategy rests with the representative plaintiffs and their counsel.