Also known as: stakes · interest · share
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
Something deposited by two or more parties with a third party pending the resolution of a dispute. It forms the subject matter of an interpleader action.
Something deposited by two or more parties with a third party pending the resolution of a dispute. It forms the subject matter of an interpleader action.
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An interest or share in a venture, contract, or legal proceeding.
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Something, especially money, bet in a wager, game, or contest.
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A boundary marker used in land surveys.
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An interest or share in a venture, contract, or legal proceeding.
Something, especially money, bet in a wager, game, or contest.
A boundary marker used in land surveys.
Each sense below has its own examples, sources, and questions.
Spencer Silver and Samantha Stone each deposit funds with a neutral escrow agent to resolve their contract dispute. A third party takes the funds intending permanent deprivation. The taking qualifies as larceny of tangible personal property belonging to another.
Stake can refer to funds deposited with a third party during a dispute, an ownership interest in a venture, money wagered in a game, or a survey marker. Each sense carries different legal consequences depending on context.
Supporting sources
The deposited stake becomes the res that multiple claimants assert rights to. The stakeholder may bring an interpleader action to compel the claimants to litigate their rights among themselves rather than against the stakeholder.
Supporting sources
Sierra Solutions contracts to purchase land from Skyline Construction. After formation but before closing a fire destroys part of the property. Sierra Solutions bears the risk of loss because it holds the equitable stake in the land.
Simone Sanders sues Starlight Media for breach. Santiago Sanchez claims an ownership stake in the disputed contract rights. The court must join Sanchez because disposing of the action without him would impair his ability to protect that stake.
Seth Shapiro is convicted after a jury trial. New evidence shows the prosecutor withheld exculpatory material that directly affects Shapiro's stake in a fair outcome. The court vacates the judgment in the interest of justice.
Skylar Sullivan offers former testimony from a prior civil suit against Solstice Ventures. The predecessor in interest had a similar stake in the outcome and the same motive to cross-examine the witness. The testimony is admissible against Solstice Ventures.
A judge's spouse owns shares in a corporation that is a party to the proceeding. The judge knows of this economic stake. The judge must disqualify herself from the case.
A person claiming a stake in the subject matter of the action must be joined if proceeding without that person would impair the ability to protect the interest or expose an existing party to inconsistent obligations.
Yes. A judge must recuse when the judge or a covered family member has an economic stake in the subject matter or in a party to the proceeding.
…State. Pp. 163-164. (d) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. Pp. 163-164. (e) For the stage subsequent to…