Petitioner

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

  1. 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

  • Legal Topics.
  • 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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