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LSDefine

Simple English definitions for legal terms

real party in interest

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A quick definition of real party in interest:

A real party in interest is the person or group of people who have the right to sue someone, even if someone else will benefit from the lawsuit. For example, if someone is killed because of someone else's mistake, the widow and child can sue the person responsible, even though the money they get will go to the dead person's estate. In a trust, the trustee can sue someone who damaged a building owned by the trust, even though the beneficiaries will benefit from the lawsuit. In some places, the lawsuit has to be brought in the name of the real party in interest.

A more thorough explanation:

A real party in interest is the person or entity who has the legal right to bring a lawsuit, even if someone else will ultimately benefit from the outcome of the case. This means that the real party in interest is the one who has a direct stake in the outcome of the case.

For example, in a wrongful death case, the real parties in interest are usually the surviving family members of the deceased person. Even though the damages awarded in the case will go to the deceased person's estate, the family members have the right to bring the lawsuit because they are the ones who have suffered a direct loss.

In the context of a trust, the real party in interest is usually the trustee. If someone damages a building owned by the trust, the trustee has the right to bring a lawsuit to recover damages, even though the beneficiaries of the trust will ultimately benefit from the outcome of the case.

It's important to note that many jurisdictions require that a lawsuit be brought in the name of the real party in interest. This means that the person or entity who has the legal right to bring the lawsuit must be the one named as the plaintiff in the case.

For example, in California, the law states that "every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute." This means that if someone wants to bring a lawsuit in California, they must be the real party in interest and must be named as the plaintiff in the case.

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goofy-goober
15:36
I just wanna see my results man, waiting is so painful :~(
any word on scalia or any school lol
oakenrays
15:52
scalia is dead fortunately
oakenrays
15:52
law schools are coming out slowly but surely
HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
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