Litis dominium, also known as dominus litis, is a Latin term that signifies the ownership of a lawsuit. It pertains to the individual who possesses authority over a legal case and determines its handling.
Litis dominium, a Latin term meaning “ownership of a lawsuit,” grants a party the authority to control and direct a legal action, including the choice to settle or go to trial. For instance, in a divorce case, both spouses possess litis dominium over matters such as property division, spousal support, and child custody. This implies that each spouse has the right to make decisions regarding these issues and guide the course of the litigation. Similarly, in a personal injury case, the injured party holds litis dominium over the claim for damages. They have the power to determine whether to settle the case or proceed to trial, and their decision holds the final say in any settlement negotiations. Litis dominium plays a crucial role in civil litigation as it determines who has the authority to make decisions about a legal action. The party with litis dominium possesses the right to control the case and make strategic choices regarding its progression. This can significantly impact the case’s outcome, as well as the time and expenses involved in the litigation process.
Litis Dominium is a Latin term that refers to the power and control a party has over a lawsuit or legal action.
Litis Dominium is established when a party has legal ownership or control over a lawsuit, including the ability to make decisions and take actions on behalf of the case.
Yes, Litis Dominium can be transferred or assigned to another party through a legal process known as assignment or transfer of rights.
A party with Litis Dominium has the right to make decisions regarding the lawsuit, including settlement negotiations, hiring legal representation, and determining the course of action. They also have the responsibility to act in the best interest of the case and fulfill their legal obligations.
Litis Dominium can be revoked or terminated under certain circumstances, such as when a party fails to fulfill their responsibilities or engages in misconduct. However, this usually requires a court order.
No, Litis Dominium is typically granted to a single party in a lawsuit. However, in some cases, co-plaintiffs or co-defendants may share Litis Dominium if they have a common interest in the outcome of the case.
Yes, Litis Dominium can be challenged or contested if there are valid reasons to believe that the party with Litis Dominium is not acting in the best interest of the case or is unfit to exercise control over the lawsuit. This may require filing a motion or petition with the court.
If a party with Litis Dominium becomes incapacitated or passes away, their legal rights and responsibilities may be transferred to a legal representative, such as an executor or guardian, through the appropriate legal process.
In exceptional circumstances, a court may grant Litis Dominium to a non-party if it is deemed necessary for the proper administration of justice or to protect the interests of the parties involved.
Litis Dominium can significantly impact the outcome of a lawsuit as the party with control over the case has the authority to make critical decisions that can influence settlement negotiations, trial strategy, and overall case management.
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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