because the possible consequences of these laws are the reasons that the
person now seeks the help of the lawyer.
Fourth, when lawyers use law they affect people’s legal position in some way:
(1)
Litigation makes one person a winner and another person a loser. The
winner has vindicated a right and receives a legally indorsed remedy. The loser
is liable to provide or suffer that remedy. This is in addition to the costs of the
winning party that the loser typically has to pay.
(2)
A transaction changes the position of the party or parties involved. Here
are two illustrations. (i) Before making a will Penelope was intestate. After the
transaction, and as its consequence, she has a valid will. Therefore, Penelope
is now testate. (ii) In a sale of land the vendor relinquishes title to the land (in
return for the purchase price) while the purchase acquires the title.
Labelling Parties
Litigation
Parties who initiate a case, or respond to a case once initiated, go under a
variety of names. To simplify our explanation we use single labels for the
parties on each side of a case:
(1)
Initiator. This is a general term to refer to a party who institutes
proceedings. This generic term refers to any initiating party such as a plaintiff,
a pursuer, an applicant or a prosecutor.
(2)
Responder. This is a general term to refer to the party against whom the
initiator commences proceedings. This generic term refers to any responding
party such as a defendant, a defender, a respondent or an accused.
Transaction
Parties to a transaction are generally labelled by reference to the transaction.
For example in a sale of some asset there is a seller or vendor on the one side
and a buyer or purchaser on the other. Some of the labels use the same basic
term differentiated by ending in “or” for the first party and “ee” for the second
party. Examples are mortgagor and mortgagee, licensor and licensee, bailor
and bailee, assignor and assignee, lienor and lienee and so on. Any person
who is an outsider to the specific transaction, even if still involved in the facts,
is referred to as a third party.
Prima Facie Case
Discussion of litigation, especially proof, sometimes refers to a prima facie
case. Literally a prima facie case is a case that has been made out by the
initiator “on the surface” or “at first glance”. An initiator makes out a prima
facie case by presenting some evidence that is capable of satisfying each
element of the cause of action. This is only a prima facie case because it just
involves the case of the initiating party. It does not involve consideration of the
nature and strength of evidence of the defendant
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