plaintiff


Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Encyclopedia, Wikipedia.
Related to plaintiff: defendant

Plaintiff

The party who sues in a civil action; a complainant; the prosecution—that is, a state or the United States representing the people—in a criminal case.

plaintiff

n. the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights. (See: complaint, defendant, petitioner)

plaintiff

noun accuser, adversary, claimant, individual who brings a lawsuit, litigant, one who brings an action, opponent, party to the suit, party who sues, petitioner, petitor, suitor
Associated concepts: indispensable party plaintiff, nominal plaintiff, proper plaintiff, real plaintiff, third party plaintiff
Foreign phrases: Reus excipiendo fit actor.The defendant by pleading may make himself a plaintiff. Melior est condiiio possidentis ubi neuter jus habet. The condition of the possessor and that of the defendant is better than that of the plaintiff. Cum par delictum est duorum, semper oneratur petitor, et melior habetur possessoris causa. When there is equal fault on both sides, the burden is always placed on the plaintiff, and the cause of the possessor is preferred. In praeparatoriis ad judicium favetur actori. In those matters preceding judgment the plaintiff is favored.
See also: actor, claimant, complainant, litigant, party, suitor

plaintiff

the person bringing an action in court. In England and Wales now a claimant. For Scotland called a pursuer.

PLAINTIFF, practice. He who, in a personal action, seeks a remedy for an injury to his rights. Ham. on Parties, h.t.; 1 Chit. Pl. Index, h.t.; Chit. Pr. Index, h.t.; 1 Com. Dig. 36, 205, 308.
     2. Plaintiffs are legal or equitable. The legal plaintiff is he in whom the legal title or cause of action is vested. The equitable plaintiff is he who, not having the legal title, yet, is in equity entitled to the thing sued for; for example, when a suit is brought by Benjamin Franklin for the use of Robert Morris, Benjamin Franklin is the legal, and Robert Morris the equitable plaintiff. This is the usual manner of bringing suit, when the cause of action is not assignable at law, but is so in equity. Vide Bouv. Inst. Index, h.t.; Parties to Actions.

References in periodicals archive ?
The plaintiffs' motion for sanctions in Ruth, which was withdrawn as a condition of the settlement, accused one settling defendant of abusing the discovery process and prejudicing the plaintiff by producing thousands of documents on the eve of trial.
Both plaintiffs failed to prove their case," said Thomas Yoo of Reed Smith, a member of the defense team in Appell v.
The majority has held that contingent attorneys' fees are gross income to the recovering plaintiff (1); the minority has held that these fees do not constitute gross income to the recovering plaintiff.
Because human nature loves the underdog, particularly if its opponent is perceived to be a wealthy, faceless corporation, virtually every jury will be predisposed to favor the plaintiff.
The plaintiffs have offered no scientific evidence to this point.
In 1979, plaintiff entered into a proprietary lease for a second floor loft in a building owned by the Cooperative (Groff).
The plaintiff alleged that either the firm had failed to follow AICPA standards in preparing this report or, if it had, the standards themselves had been negligently promulgated.
4] These courts reasoned, among other things, that there is an underlying duty of loyalty or a fiduciary obligation that binds the physician to the patient despite the exceptions in the physician-patient privilege and that there is or may be some residue of confidential information that the plaintiff did not consent to disclose by filing suit.
United Airlines,(25) the plaintiff was rejected for a position as a flight attendant because he exceeded the airline's maximum weight for a man of his height.
We need to oppose these mass consolidations of causes so we can handle them one plaintiff at a time, and handle them in federal court," Russell said.
However, the distinction drawn in Langan Engineering is that quantum meruit will be found where the plaintiff would have expected renumeration from the defendant had the true facts been known.