Adverse party
Encyclopedia
An adverse party is an opposing party
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...

 in a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

 under an adversary system of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

. In general, an adverse party is a party against whom judgment is sought. For example, the adverse party for a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

 is the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

.

In a civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 case, there can be one or more adverse parties.

Adverse party's witnesses

A witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...

 called on behalf of an adverse party is usually an adverse witness. In general, the examination of an adverse party's witness may include leading question
Leading question
In common law systems that rely on testimony by witnesses, a leading question or suggestive interrogation is a question that suggests the answer or contains the information the examiner is looking for. For example, this question is leading:...

s and follows the rules of cross examination.

See also

  • Adverse
    Adverse
    Adverse or adverse interest, in law, is anything that functions contrary to a party's interest. This word should not be confused with averse.-Adverse possession:...

  • Adverse witness
  • Adverse possession
    Adverse possession
    Adverse possession is a process by which premises can change ownership. It is a common law concept concerning the title to real property . By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true...

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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