prevailing party

Thân thiện

The prevailing party receives a favorable judgment from the court.

Definition

Noun: * The party in a lawsuit who obtains a judgment in their own favor: In a legal context, the "prevailing party" is the side (plaintiff or defendant) that wins the case or achieves a favorable outcome on the main issue(s) in dispute. This designation is important as it often determines which party is entitled to recover certain legal costs from the other.

Usage

The term is used almost exclusively in formal legal and judicial contexts to identify the winner of a lawsuit or legal action. Determining who is the "prevailing party" is a formal legal step that follows a judgment or settlement.

Examples

• Noun:
  • The court ordered the defendant to pay the legal fees of the prevailing party.
  • After the appeal, the appellate court affirmed the judgment, confirming our client as the prevailing party.
  • The contract stipulates that the prevailing party in any dispute is entitled to recover attorney's fees.

Advanced Usage

• "To be deemed the prevailing party": To be officially declared or considered the winner by the court. This can sometimes be a point of contention, especially in cases with mixed outcomes.
  • Although the plaintiff won a small monetary award, the defendant was deemed the prevailing party on the central claim of fraud.

Variants and Related Words

• Prevail (verb): To prove more powerful or superior; to be victorious.
  • Justice will prevail.
• Party (noun): A person or group involved in a legal proceeding or contract.
  • Both parties agreed to the settlement.

Synonyms

• Successful party
• Winning party
• Victorious party

Antonyms

• Losing party
• Non-prevailing party

Học thuật

Noun

1. the party in a lawsuit who obtains a judgment in their own favor