Identity of Parties refers to a situation where two closely related parties are involved in a legal matter, and a judgement against one party prevents any further legal action against the other party. This means that if one party is held responsible for something, the other party cannot be held responsible for the same thing later on.
Ademption is a legal term used in wills and estates. It pertains to a situation where a gift or legacy mentioned in a will may not be given to the intended recipient if the property or asset that was supposed to be given is no longer available at the time of the testator’s death. There are two theories of ademption: the identity theory and the intent theory.
Under the identity theory, if the specific property is not part of the estate at the time of the testator’s death, the gift fails. On the other hand, under the intent theory, the recipient may still receive a gift of equal value if it can be proven that the testator did not intend for the gift to be adeemed.
Ademption can occur through extinction, where the property no longer exists, or through satisfaction, where the testator has already given the property to the beneficiary while alive.
The identity of parties refers to a close relationship between two parties where a judgement against one party prevents any further legal action against the other party. This is due to the principle of res judicata, which means that the matter has already been decided and cannot be brought up again. For instance, if two individuals are involved in a car accident and one is found at fault, the other party cannot sue the same person again for the same accident. Ademption, on the other hand, is a legal term used in wills and estates. It pertains to the cancellation or elimination of a testamentary gift because the asset that was bequeathed is no longer part of the estate at the time of the testator’s death. There are two theories of ademption: the identity theory and the intent theory. Under the identity theory, a specific property devise will fail if that property is not part of the testator’s estate upon their death. On the other hand, the intent theory states that if a specific devise is no longer in the testator’s estate at the time of their death, the devisee may still receive a gift of equal value if it can be proven that the testator did not intend for the gift to be adeemed. For example, if a testator leaves a specific piece of property to their child in their will, but they sell that property before they die, the child will not receive the property. However, if the testator had intended for the child to receive something of equal value, the child may still receive a gift.
A: The parties involved in a legal case typically include the plaintiff (the person bringing the lawsuit) and the defendant (the person being sued).
A: Yes, a company can be a party in a legal case. It can either be the plaintiff or the defendant, depending on the circumstances.
A: Yes, a minor can be a party in a legal case. However, in most cases, a minor will need a legal guardian or parent to represent them in court.
A: No, a deceased person cannot be a party in a legal case. However, their estate or heirs may be involved in the case on their behalf.
A: Yes, a government entity can be a party in a legal case. This can include federal, state, or local government agencies or departments.
A: Yes, a non-citizen can be a party in a legal case. The legal rights and obligations of non-citizens may vary depending on their immigration status.
A: Yes, individuals have the right to represent themselves in a legal case, known as “pro se” representation. However, it is generally recommended to seek legal counsel for complex matters.
A: Yes, the parties in a legal case can change if new information or circumstances arise. This can occur through amendments to the complaint or counterclaims filed by the parties.
A: Yes, parties can be added or removed from a legal case through various legal procedures, such as joinder or dismissal motions.
A: Yes, if a party becomes incapacitated, a legal representative, such as a guardian or power of attorney, can be appointed to act on their behalf in the case.
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: 16th April 2024.
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