plaintiff

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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 ?
In the case of public figures, malice must be proven, but in the case of private individuals, the plantiff need only show negligence.
653 million in general damages and found, the plantiff comparatively twenty-five percent at fault.
THE LAST PLANTIFF WHO accused Phil Herrington of fraud lost her case.
If you wish to serve as lead plantiff, you must move the Court no later than 60 days from March 29, 2000.
Plantiff alledges that Defendants'continued to disseminate false statements as late as Oct.
If you purchased stock during the Class Period you may, no later than 60 days from today, move the Court to serve as Lead Plantiff of the Class, if you so choose.
Barrack, Rodos & Bacine, Counsel for Class Plantiff, hereby gives notice that a class action against Telxon Corp.
Within 60 days of this publication, any member of the proposed Class may move the court to serve as lead representative plantiff.