Petitioner in the United States
One who asks or petitions a court to commence a proceeding. At the trial level, it is the Petitioner who seeks some remedy from a court. His or her role is the functional equivalent to that of a plaintiff. One who opposes the Petitioner is called the respondent. A Petitioner may also seek review of a judgment at the appellate level. In this instance, the Petitioner seeks to reverse an adverse judgment by a lower court. Appellant is another name for a party initiating appellate review.
See Also
Plaintiff (Apellate Judicial Process) Respondent (Apellate Judicial Process).
Analysis and Relevance
It is the Petitioner who initiates some kind of legal action. In doing so, the Petitioner defines the legal issue(s) to be considered by a court. Not only must the respondent focus on the Petitioner’s issues, but the court before which the matter is heard is seldom able to enlarge or otherwise alter the issues. In other words, some degree of control or influence is linked to taking the initiative. At the same time, the Petitioner is commonly trying to recover from a loss or adverse judgment. This is certainly true in the appellate context. Despite the capacity to frame the questions, statistical probabilities of success do not reside with the Petitioner. Appeals courts do not commonly find reversible error in cases they review. If a Petitioner is successful, however, the losing party may be able to appeal further. When this occurs, the original Petitioner becomes the respondent.
Notes and References
- Definition of Petitioner from the American Law Dictionary, 1991, California
Plain-English Law
Petitioner as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
A person who initiates a lawsuit. The term is a synonym for plaintiff. It is used almost universally in some states and used in others only for certain types of lawsuits, most commonly divorce and other family law cases.
Petitioner in Immigration Law
In this area of law, Petitioner means: A person who files a visa petition.
Resources
See Also
Further Reading (Articles)
Petitioners File Supreme Court “Gene Patenting” Brief, Mondaq Business Briefing; February 1, 2013
Petitioners Held for Trying to Visit China’s President and Premier, States News Service; January 30, 2014
PETITIONERS FLOOD BEIJING., States News Service; September 28, 2011
PETITIONERS STAGE HUNGER STRIKE., States News Service; May 3, 2012
Howard and Everlina Washington, petitioners v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; March 1, 2003; Anonymous
GEORGE THOMPSON, PETITIONER V. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, United States. Tax Court. Reports; March 1, 2013
Raymond B. Magana, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; May 1, 2002; Anonymous
VINCENT ALLEN, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, United States. Tax Court. Reports; March 1, 2007; Anonymous
Michael Craig, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; November 1, 2002; Anonymous
MARTY J. MEEHAN, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, United States. Tax Court. Reports; June 1, 2004; Anonymous
KEVIN PATRICK BRADY, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, United States. Tax Court. Reports; April 1, 2011; Anonymous
JOHN M. AND REBECCA A. DUNAWAY, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, United States. Tax Court. Reports; March 1, 2005; Anonymous
MICHAEL V. SEVERO AND GEORGINA C. SEVERO, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, United States. Tax Court. Reports; November 1, 2007; Anonymous
Stephen W. Williams, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; March 1, 2000; Anonymous
GWENDOLYN A. EWING, petitioner v. COMMISSIONER OF INTERNAL REVENUE, respondent, United States. Tax Court. Reports; January 1, 2004; Anonymous
Joyce Aston, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; December 1, 1997; Anonymous
CRSO, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, United States. Tax Court. Reports; March 1, 2007; Anonymous
Robert Ancira, petitioner v. commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; September 1, 2002; Anonymous
Gary G. Boyd, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; September 1, 2001; Anonymous
Ina F. Knight, petitioner v. Commissioner of Internal Revenue, respondent / Herbert D. Knight, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; November 1, 2000; Anonymous
Petitioner in Procedural Law
Definition of Petitioner in the judiciary context: the person who asks that the case be heard by the court and files the Petition for Certiorari. If the person is successful in getting the court to hear the case, he or she is referred to as the petitioner throughout the rest of the proceedings.
Petitioner in the Context of Law Research
The Thurgood Marshall School of Law Library defined briefly Petitioner as: The person presenting a petition to a court, officer, or legislative body; the one who starts an equity proceeding or the one who takes an appeal from a judgment.Legal research resources, including Petitioner, help to identify the law that governs an activity and to find materials that explain that law.
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