Definition
A person who is neither a promisor nor promisee in a contractual agreement, but stands to benefit from the contract’s performance. A third-party beneficiary may legally enforce that contract, but only after his or her rights have already been vested (either by the contracting parties’ assent or by justifiable reliance on the promise).
According to the Restatement (First) of Contracts § 133 (1932), there are three classes of third-party beneficiaries:
An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Also called Allen charge, dynamite charge, nitroglycerine charge, and shotgun charge.
To provide oral evidence under oath at a trial or at a deposition.
Definition
Oral or written evidence given by a competent witness, under oath, at trial or in an affidavit or deposition.
A witness whom the grand jury seeks to indict, or a witness who has specific information sought by the grand jury.
Definition
To cheat a person out of money or property through fraud or deceit.
In written or oral legal argument, the moving party's response to the responding party's rebuttal to the initial argument.
(soo-per-seed-es) Latin for "you shall desist," an order (writ) by an appeals court commanding a lower court not to enforce or proceed with a judgment or sentence pending the decision on the appeal or until further order of the appeals court.
A form prepared by the plaintiff and issued by a court that informs the defendant that he or she has been sued. The summons requires that the defendant file a response with the court -- or in many small claims courts, simply appear in person on an appointed day -- within a given time period or risk losing the case under the terms of a default judgment.
