The dominus litis, also known as litis dominium, is the individual who holds decision-making power in a legal case, rather than the attorney. In maritime law, it may also refer to a third party who acts on behalf of an absent party.
The term “Dominus litis” is a Latin phrase commonly used in civil and maritime law to refer to the party responsible for making decisions in a lawsuit, separate from the attorney involved. In maritime law, it can also denote a third party who represents an absent party in a case. Another term for this concept is “litis dominium.” For instance, in a civil lawsuit, the plaintiff is considered the dominus litis as they initiated the lawsuit and have the authority to make decisions regarding the case. Conversely, the defendant is not the dominus litis since they did not initiate the lawsuit. In maritime law, when a party is absent from a case, a third person can act as the dominus litis, making decisions on behalf of the absent party. These examples highlight how the dominus litis holds the power to make decisions in a lawsuit or case, controlling its direction and influencing the final outcome.
Dominus Litis is a Latin phrase that translates to “master of the lawsuit.” It refers to the person or entity who has control over a legal action and has the authority to make decisions on behalf of the lawsuit.
The Dominus Litis is typically the plaintiff or the party who initiates the lawsuit. However, in some cases, it can also be the defendant if they counterclaim or file a cross-action.
As the Dominus Litis, the individual or entity has the authority to make decisions regarding the course of the lawsuit. This includes deciding whether to settle, proceed to trial, or dismiss the case.
Yes, the Dominus Litis can change if the original plaintiff or defendant transfers their rights or assigns their interest in the lawsuit to another party. This can happen through a legal assignment or by transferring ownership of the claim.
Yes, the Dominus Litis can delegate their authority to another person or legal representative. This can be done through a power of attorney or by appointing an attorney to act on their behalf.
If the Dominus Litis becomes incapacitated or passes away, their legal authority over the lawsuit is typically transferred to their legal representative, such as an executor or administrator of their estate.
In certain circumstances, the Dominus Litis can be removed or replaced. This can occur if the court determines that the Dominus Litis is not acting in the best interest of the lawsuit or if there is a conflict of interest.
In most cases, the Dominus Litis cannot settle a case without the consent of the other party. Settlement agreements usually require mutual agreement and consent from both parties involved in the lawsuit.
If the Dominus Litis fails to act or make decisions in a timely manner, it can lead to delays in the legal proceedings. The court may intervene and appoint a new Dominus Litis or take other appropriate actions to ensure the case progresses.
The Dominus Litis is generally not held personally liable for the outcome of a legal case. However, if the Dominus Litis acts negligently or breaches their fiduciary duty, they may be subject to legal consequences or potential liability.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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