Respondent in the United States
The party against whom a motion is filed. The respondent responds to or answers the motion. The term respondent may be used to refer to defendants at the trial level or the party against whom an appeal is commenced. At the appellate level, the respondent may also be called the appellee or defendant in error. The respondent is the party who won at the lower level and defends against an appeal. The role of the respondent is wholly independent of whether the respondent had been the plaintiff (or prosecution) or defendant at trial.
See Also
Petitioner (Apellate Judicial Process), 280.
Analysis and Relevance
The objective of the respondent in an appellate proceeding is to preserve the outcome from a lower court. In a criminal case, this means the respondent in the first appellate review will be the prosecution, which will attempt to preserve the conviction. If the respondent is unable to keep the outcome from being reversed, the respondent has the option of changing roles and appealing to a higher court (if possible). In such a situation, the sides switch roles; the respondent becomes the Petitioner (U.S.) and the party who had been the Petitioner (U.S.) becomes the respondent.
Notes and References
- Definition of Respondent from the American Law Dictionary, 1991, California
Respondent Definition
One who answers a judicial proceeding. Applied to the party against whom a writ as of quo warranto is brought. In Chancery Practice. The party who makes an answer to a bill or other proceeding in chancery. The correlative is petitioner or complainant. In Appellate Practice. The party who answers an appeal. Sometimes called appellee. The correlative is appellant. In Civil Law. One who answers or is security for another; a fidejussor. Dig. 2. 8. 6.
Respondent in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Respondent | Respondent in the World Legal Encyclopedia. |
| Respondent | Respondent in the European Legal Encyclopedia. |
| Respondent | Respondent in the Asian Legal Encyclopedia. |
| Respondent | Respondent in the UK Legal Encyclopedia. |
| Respondent | Respondent in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Respondent
Scan Respondent in the appropriate area of law:
| Link | Description |
|---|---|
| Respondent | Respondent in the Family Law Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the IP Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the Commercial Law Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the Criminal Law Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the Antritrust Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the Tax Law Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Respondent | Respondent in the Environmental Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
One who answers a judicial proceeding. Applied to the party against whom a writ as of quo warranto is brought. In Chancery Practice. The party who makes an answer to a bill or other proceeding in chancery. The correlative is petitioner or complainant. In Appellate Practice. The party who answers an appeal. Sometimes called appellee. The correlative is appellant. In Civil Law. One who answers or is security for another; a fidejussor. Dig. 2. 8. 6.
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Notice
This definition of Respondent Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Respondent as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
A term used instead of defendant in some states especially for divorce and other family law cases to identify the party who is being sued.
Practical Information
Note: Some of this information was last updated in 1982
1. The opposing party in an appeal (in U.S. law). The defending party in equity (in U.S. law) and admiralty (in U.S. law) cases (corresponding to the defendant (in U.S. law) in a case at law).
(Revised by Ann De Vries)
What is Respondent?
For a meaning of it, read Respondent in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Respondent.
Respondent in Immigration Law
In this area of law, Respondent means: A person in removal or deportation proceedings.
Meaning of Respondent
In plain or simple terms, Respondent means: 1. the person who is the subject of a petition,2. the one who won a court case, and now an appeal is taken against them.
Resources
See Also
CASE.
Further Reading (Articles)
`RESPONDENT… NEVER SEVERED HIS TIES TO MASSACHUSETTS’, The Boston Globe (Boston, MA); June 26, 2002
Respondent cooperation in focus groups: a field study using moderator ratings.(Statistical Data Included), International Journal of Market Research; December 22, 2001; Tuckel, Peter Wood, Michael
“Compiling Images within a Respondent Interface Using Layers and Highlight Features” in Patent Application Approval Process, Politics & Government Week; January 2, 2014
Power to laugh; Respondents to a Network World Fusion poll poke fun at the network industry, its fearless leaders and the technology behind it all., Network World; December 27, 2004; Francis, Ryan
“Respondent Selection for Surveys” in Patent Application Approval Process, Politics & Government Week; September 26, 2013
Retailers feeling optimistic about PL growth: respondents to an exclusive PLBuyer survey of its retailer readers are optimistic about private label growth in their markets and across most categories. Read more of this exclusive market intelligence.(Trend Watch: EXCLUSIVE RETAILER SURVEY), Private Label Buyer; June 1, 2011; Frank, John N.
Methods for Handling Missing Secondary Respondent Data, Journal of Marriage and Family; February 1, 2013; Young, Rebekah Johnson, David
“Optimizing Market Research Based on Mobile Respondent Behavior” in Patent Application Approval Process, Politics & Government Week; January 2, 2014
A Methodology for Reducing Respondent Duplication and Impersonation in Samples of Hidden Populations, Journal of Drug Issues; April 1, 2001; Heckathorn, Douglas D. Broadhead, Robert S. Sergeyev, Boris
Researchers Submit Patent Application, “Utilizing Heat Maps to Represent Respondent Sentiments”, for Approval, Politics & Government Week; January 2, 2014
Evans Publishing, Inc., petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; November 1, 2002; Anonymous
Elena Swain, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; May 1, 2002; Anonymous
Raymond B. Magana, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; May 1, 2002; Anonymous
Clifford W. Miller, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; December 1, 2000; Anonymous
Henry Randolph Consulting, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; October 1, 1999; Anonymous
Michael Craig, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; November 1, 2002; Anonymous
Janet N. Moore, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; March 1, 2000; Anonymous
Leonard Parker, petitioner v. Commissioner of Internal Revenue, respondent, United States. Tax Court. Reports; August 1, 2001; Anonymous
KEVIN P. BURKE, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, United States. Tax Court. Reports; March 1, 2005; Anonymous
RYAN DAVID FUNK, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT, United States. Tax Court. Reports; August 1, 2004; Anonymous
Respondent in the Context of Law Research
The Thurgood Marshall School of Law Library defined briefly Respondent as: The party who makes an answer to a bill in an equity proceeding or who contends against an appeal.Legal research resources, including Respondent, help to identify the law that governs an activity and to find materials that explain that law.
Respondent in the context of Juvenile and Family Law
Definition ofRespondent, published by the National Council of Juvenile and Family Court Judges: 1) The person who is the subject of a petition. 2) The prevailing party in a court case against whom an appeal is taken.
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