Plaintiff in the United States
The person who commences or initiates a civil legal action. A plaintiff is also called a complainant because it is the plaintiff who complains about some kind of legal injury and seeks relief through a lawsuit. The counterpart to the plaintiff in a criminal case is the prosecution who brings charges on behalf of*the victim and the state in the name of the “people.” The party who responds to the initiative of the plaintiff is called the defendant.
See Also
Petitioner (Civil Process), 280; Standing (Civil Process).
Analysis and Relevance
The plaintiff is the point of origin of a civil action. In order to commence the lawsuit, the plaintiff must have standing to sue. That is, the plaintiff must have directly suffered legal injury, allegedly at the hands of the defendant. The plaintiff basically directs the flow of a civil case. The case commences at the initiative of the plaintiff and remains active only so long as the plaintiff wishes. At any point in the civil process, an action may be terminated by the plaintiff. Thus a plaintiff possesses far greater control over a civil action than a victim has in a criminal case.
Notes and References
- Definition of Plaintiff from the American Law Dictionary, 1991, California
Plaintiff Definition
He who complains. He who, in a personal action, seeks a remedy for an injury to his rights. 3 Bl. Comm. 25. In Code Practice. The person by whom a civil action is brought.
Plaintiff in Foreign Legal Encyclopedias
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Plaintiff | Plaintiff in the World Legal Encyclopedia. |
Plaintiff | Plaintiff in the European Legal Encyclopedia. |
Plaintiff | Plaintiff in the Asian Legal Encyclopedia. |
Plaintiff | Plaintiff in the UK Legal Encyclopedia. |
Plaintiff | Plaintiff in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Plaintiff
Scan Plaintiff in the appropriate area of law:
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Plaintiff | Plaintiff in the Family Law Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the IP Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the Commercial Law Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the Criminal Law Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the Antritrust Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the Constitutional Law Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the Tax Law Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the Employment and Labor Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Plaintiff | Plaintiff in the Environmental Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
He who complains. He who, in a personal action, seeks a remedy for an injury to his rights. 3 Bl. Comm. 25. In Code Practice. The person by whom a civil action is brought.
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Notice
This definition of Plaintiff Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Plaintiff as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
The person, corporation, or other legal entity that initiates a lawsuit. In certain states and for some types of lawsuits, the term petitioner is used instead of plaintiff.
Practical Information
Note: Some of this information was last updated in 1982
The party who commences a personal action or suit to obtain a remedy for an injury to his rights. See also parties to an action (in U.S. law).
(Revised by Ann De Vries)
What is Plaintiff?
For a meaning of it, read Plaintiff in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Plaintiff.
Plaintiff meaning
The party which initiates a lawsuit against a defendant. Ordinarily the plaintiff bears the burden of proof as to the elements of their claim.
City of Vancouver v. Jarvis, 155 P.2d 591, 593 (Wash.).
Plaintiff in the Context of Law Research
The Thurgood Marshall School of Law Library defined briefly Plaintiff as: The person who brings a lawsuit against another.Legal research resources, including Plaintiff, help to identify the law that governs an activity and to find materials that explain that law.
Plaintiff Definition in the context of the Federal Court System
The person who initiates a civil lawsuit.
Cross-Examination of Plaintiff and Plaintiff’s Witnesses
This section examines the Cross-Examination of Plaintiff and Plaintiff’s Witnesses subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Handling Tractor Rollover Cases for the Plaintiff
This section examines the Handling Tractor Rollover Cases for the Plaintiff subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Concept of Plaintiff
In the U.S., in the context of Judiciary power and branch, Plaintiff has the following meaning: A person who brings a legal action against another. (Source of this definition of Plaintiff : University of Texas)
Plaintiff
Meaning of Plaintiff
In plain or simple terms, Plaintiff means: A person who files a lawsuit.
Resources
See Also
- Judiciary Power
- Judiciary Branch
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