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LSDefine
Simple English definitions for legal terms
third opposition
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A quick definition of third opposition:
Third opposition is a type of legal action where a third party claims ownership or other rights to property that has been seized in a lawsuit. This claim is independent of the original lawsuit between the plaintiff and defendant. In simpler terms, it's when someone else says they own something that is being fought over in court.
A more thorough explanation:
Definition: Third opposition is a type of intervention in civil law, usually in a real-property case, where a third party claims ownership or other real right to seized property. This claim does not depend on the outcome of the original lawsuit between the plaintiff and the defendant.
For example, in Atkins v. Smith, a third party claimed ownership of a seized property in a real-property case. The claim did not depend on the outcome of the original lawsuit between the plaintiff and the defendant.
This type of intervention is different from other types of intervention, such as joining the plaintiff or defendant in claiming or resisting what is sought.
Example: In a real-property case, a third party claims ownership of a seized property. The third party's claim does not depend on the outcome of the original lawsuit between the plaintiff and the defendant. This is an example of third opposition.
This example illustrates how a third party can assert a claim of ownership or other real right to seized property in a civil lawsuit, even if they are not named as a party to the action. The third party's claim is independent of the outcome of the original lawsuit between the plaintiff and the defendant.