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.
2
as an interest
An interest or share in a venture, contract, or legal proceeding.
Sense 1
1
in dispute resolution
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.
Examples1
Theft of Deposited Stake
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.
2 common questions
Sense 2
2
as an interest
An interest or share in a venture, contract, or legal proceeding.
Examples5
Buyer Stake Under Contract
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.
Absent Party Stake in Litigation
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.
Sense 3
3
in gaming or wagers
Something, especially money, bet in a wager, game, or contest.
Something, especially money, bet in a wager, game, or contest.
4
in land surveys
A boundary marker used in land surveys.
Each sense below has its own examples, sources, and questions.
Students Frequently Ask...
What are the distinct legal meanings of stake?
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.
How does a stake deposited with a third party affect interpleader?
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.
Justice Interest in New Trial
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.
Predecessor Stake in Testimony
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.
Judge Economic Stake
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.
2 common questions
Students Frequently Ask...
When does a business stake trigger joinder of an absent party?
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.
Does a judge's family stake in a party require disqualification?
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.
410 U.S. 113 (1973)
…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…
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