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 ?
Citing the Magna Carta, Adam Smith, Alexis de Tocqueville, and Sherlock Homes, Plantiffs argue that the United States Supreme Court's interpretation of the Fourth Amendment is not in line with the intentions of our [constitutional forefathers.
20) According to the plantiffs this meant that historically (i.
One such suit, involving Freeman McNeil of the New York Jets and other players denied free agent rights, resulted in the striking down of Plan B and the awarding of damages to the plantiffs.
The two plantiffs are a Haitian priest and a taxi driver who were persecuted under the Duvalier regime.
And according to the International Financial Law Review ("Courts deny plantiffs over Section 304 suits," March 2006), there has not yet been a single reported decision of any disgorgement action brought by the SEC under section 304.
Although the plantiffs were denied in the original case, they re-filed after the United States Supreme Court's decision in Zelman v.
Consequently, on May 8 NRLC and other plantiffs asked the court to issue an injunction to halt enforcement of this part of the BCRA while the United States Supreme Court considers the case.
The plantiffs were the Building and Construction Trades Department of the AFL-CIO (BCTD), the Building Construction Trades Council (BCTC), and the City of Richmond, California.
In the last few years, litigation due to mold infestation has been on the rise, often leading to large settlements for plantiffs and their lawyers.
33) Plantiffs in such cases do not seek the exclusion of evidence because there is usually no evidence to be excluded.
The settlement -- which will be open for public comment for 60 days before the commission makes it final -- was coordinated with the FTC as well as all 50 state attorneys general and lawyers for plantiffs in class-action suits.