FACTOID # 35: People might eat oats when they're hungry, but people from Hungary don't eat oats.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RELATED ARTICLES
People who viewed "Plaintiff" also viewed:
RECENT ARTICLES
More Recent Articles »
 

Encyclopedia > Plaintiff

A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favour of the plaintiff and make the appropriate court order (eg. an order for damages). A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... A legal remedy is the means by which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order. ... A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ... A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorizes the carrying out of certain steps by one or more parties to a case. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ...


In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form and/or a complaint — these documents are known as pleadings — that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant(s) according to the rules of civil procedure. In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... A summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes. ... In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, for example. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... Service of process is the term given to a court or administrative bodys exercise of its jurisdiction over individuals who are the subject of proceedings or actions bought before such court, body or other tribunal. ... An affidavit is a formal sworn statement of fact, written down, signed, and witnessed (as to the veracity of the signature) by a taker of oaths, such as a notary public. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ...


Not all lawsuits are plenary actions, involving a full trial on the merits of the case. There are also simplified procedures, often called proceedings, in which the parties are termed petitioner instead of plaintiff, and respondent instead of defendant. There are also cases that do not technically involve two sides, such as petitions for specific statutory relief that require judicial approval; in those cases there are no respondents, just a petitioner. Plenary is an adjective related to the noun, plenum carrying a general connotation of fullness. ...


The party to whom the complaint is against is the defendant; or in the case of a petition, a respondent. Case names are usually given with the plaintiff first, as in Plaintiff v. Respondent. A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...


United Kingdom

In England and Wales since April 26, 1999, when the Civil Procedure Rules 1998 came into force, the term Claimant has replaced Plaintiff.[1] April 26 is the 116th day of the year in the Gregorian Calendar (117th in leap years). ... The Civil Procedure Rules 1998 came into force in England & Wales on 26 April 1999, largely replacing and significantly overhauling the previous Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules. ... The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ...


In Scotland a plaintiff is referred to as a pursuer, and as defendant ass a defender. A pursuer in Scotland is the party who initiates a lawsuit before a Court of Scotland. ...


Elsewhere

In Hong Kong and the United States, a plaintiff is still referred to as a plaintiff. The British usage of "claimant" and "claim form" in the context of formal legal proceedings is quite confusing for Americans, who traditionally limit the application of those terms to insurance and administrative law. After exhausting remedies available through an insurer or government agency, an American who turns to the courts would file a complaint and become a plaintiff. The examples and perspective in this article or section may not represent a worldwide view. ... Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. ... Insurance is the business of providing protection against financial aspects of risk, such as those to property, life, health and legal liability. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ...


References


  Results from FactBites:
 
Melinda BARROW, Plaintiff, (2723 words)
Plaintiff claims that her silicone breast implants caused her to suffer autoimmune and neurological disease, as well as local injuries, due to her exposure to silicone, silica, and other chemicals and by-products through the bleeding of low molecular weight silicone gel through the silicone elastomer shell of the implant.
Plaintiff's Exhibit 1.1(c) is a photograph of Plaintiff during this period of time when her mother stated that the normal weight of her daughter was generally between 115 and 120 pounds and did not fluctuate much.
Plaintiff testified that Dr. Penn described the possibility of hematoma and having an accident causing the elastomer to rupture and the gel to be released in which event, he stated, it would not be harmful or cause any side effects.
Plaintiff Chicago Whirley, Inc, filed this declaratory judgment act* (1648 words)
Defendant notified plaintiff that it could not file suit to enforce its lien because Cinaco Builders was a necessary party to such an action and the automatic stay in bankruptcy prevented the filing of such an action against it.
The trial court found that defendant could have filed suit against plaintiff by: (1) alleging the bankruptcy; (2) stating the Cinaco was a necessary party but that defendant could not join it; (3) asking the bankruptcy court permission to name Cinaco as a nominal party; or (4) simply suing plaintiff to foreclose the mechanics lien.
Plaintiff also claims that Cinaco Builders was not a necessary party because it had no legal or equitable interest since plaintiff paid the bankruptcy trustee and obtained a release from Cinaco Builders.
  More results at FactBites »

 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your location
Your comments
Please enter the 5-letter protection code


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.