joint

United; combined; undivided; done by or against two or more unitedly; shared by or between two or more; coupled together in interest or liability.

The term is used to express a common property interest enjoyed or a common liability incurred by two or more persons. Thus, it is one in which the obligors (being two or more in number) bind themselves jointly but not severally, and which must therefore be prosecuted in a joint action against them all; distinguished from "joint and several" obligation.

As to joint annuity

- joint ballot

- joint committee

- joint contract

- joint covenant

- joint creditor

- joint custody

- joint fiat

- joint fine

- joint indictment

- joint obligation

- joint obligee

- joint obligor

- joint owner

- joint rate

- joint resolution

- joint session

- joint tenancy

- joint tenant

- joint trespass

- joint trespasser

- joint trustee

- joint will, see those titles.

As to joint-stock banks, see bank;

joint-stock company, see company;

joint-stock corporation, see corporation

@ joint account

An account (e.g. bank or brokerage account) in two or more names. Harbour v. Harbour, 207 Ark. 551, 181 S.W.2d 805, 807

@ joint action

An action brought by two or more as plaintiffs or against two or more as defendants.

See joinder

@

- joint adventure

- joint and several contracts

@ joint and several liability

Describes the liability of copromisors of the same performance when each of them, individually, has the duty of fully performing the obligation, and the obligee can sue all or any of them upon breach of performance. A liability is said to be joint and several when the creditor may demand payment or sue one or more of the parties to such liability separately, or all of them together at his option. A joint and several bond or note is one in which the obligors or makers bind themselves both jointly and individually to the obligee or payee, so that all may be sued together for its enforcement, or the creditor may select one or more as the object of his suit. Term also refers to the liability of joint tortfeasors (i.e., liability that an individual or business either shares with other tortfeasors or bears individually without the others).

See contribution

- indemnity

- joint liability

- joint tort-feasors

- liability.

Such liability permits the Internal Revenue Service to collect a tax from one or all of several taxpayers. A husband and wife that file a joint income tax return usually are collectively or individually liable for the full amount of the tax liability. I.R.C. No. 6013

+ joint and several liability

Responsible together and individually. The person who has been harmed can sue and recover from both wrongdoers or from either one of the wrongdoers (if he goes after both of them, he does not, however, receive double compensation).

@ joint authorship

As to literary property, such exists where there is a common design to the execution of which several persons contribute. Mere alterations, additions or improvements, whether with or without the sanction of the author, will not entitle the person making them to claim to be a joint author of the work. Joint labor in furtherance of a common design. Edward B. Marks MusiC Corporation v. Jerry Vogel Music Co., D.C.N.Y., 140 F.2d 266, 267

@ joint bank account

An account in the names of two or more persons who have equal right to it, generally with the right of survivorship

@ joint cause of action

See joinder

@ joint debtors

Persons united in a joint liability or indebtedness. Two or more persons jointly liable for the same debt

@ joint debtors' acts

Statutes enacted in many of the states, which provide that judgment may be given for or against one or more of several defendants, and that, "in an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper". The name is also given to statutes providing that where an action is instituted against two or more defendants upon an alleged joint liability, and some of them are served with process, but jurisdiction is not obtained over the others, the plaintiff may still proceed to trial against those who are before the court, and, if he recovers, may have judgment against all of the defendants whom he shows to be jointly liable. Hall v. Lanning, 91 U.S. 160, 168, 23 L.Ed. 271

@ joint defendants

Persons who are sued and tried together. In criminal law, persons who are indicted for the same crime and tried together.

See joinder

- trial

@ joint defense doctrine

This doctrine generally allows defendant to assert attorney-client privilege to protect his statements made in confidence not to his own lawyer, but to attorney for codefendant for common purpose related to defense of both. U.S. v. Keplinger, C.A.I11., 776 F.2d 678, 701

@ joint enterprise

Also called "common enterprise". The joint prosecution of common purpose under such circumstances that each has authority express or implied to act for all in respect to the control, means or agencies employed to execute such common purpose. The necessary elements are:

(1) an agreement among the group's members, either express or implied;

(2) a common purpose that the group intends to carry out;

(3) community of pecuniary interest among members of the group in that purpose; and

(4) an equal right to a voice in control and direction of the enterprise which gives an equal right of control. Fredrickson v. Kluever, 82 S.D. 579, 152 N.W.2d 346, 348.

See also joint adventure

- joint venture

@ joint estate

Joint estate involves unity of interest, unity of title, unity of time, and unity of possession, and joint tenants must have the same interest accruing under the same conveyance, commencing at the same time, and held under the same undivided possession. Mosser v. Dolsay, 132 N.J.Fxj. 121, 27 A.2d 155.

See also joint tenancy

@ joint executors

Co-executors; two or more who are joined in the execution of a will.

See also co-executor

@ joint feasors in pan delicto

/joynt fiyzarz in peray dsliktow/ Phrase means as between persons who by concert of action intentionally commit the wrong complained of; there is no right of contribution. Commercial Cas. Ins. Co. v. Leonard, 210 Ark. 575, 196 S.W.2d 919, 920

@ joint inventions

Such as are made when two or more persons jointly work or collaborate in devising and putting into practical form the subject-matter of patent. Altoona Publix Theatres v. American Tri-Ergon Corporation, C.C.A.Pa., 72 F.2d 53, 56

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