The plaintiff is a person or entity that files a lawsuit . The lawsuit includes a complaint and a summons which must be filed in the appropriate court. The defendant the person or entity that is being sued. Plaintiff and defendant are terms usually used in civil cases and/or a civil lawsuit.
What is an example of plaintiff?
The definition of a plaintiff is someone who brings a lawsuit against someone into court. An example of a plaintiff is a wife filing for divorce . The party that institutes a suit in a court. ... A person who brings a suit into a court of law; complainant.
Who are the plaintiff and defendant?
(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the “v” is the defendant . If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.
Who is the defendant of the case?
defendant – In a civil suit, the person complained against; in a criminal case, the person accused of the crime . defense table – The table where the defense lawyer sits with the defendant in the courtroom.
Is the plaintiff the defendant or prosecutor?
In criminal matters, it is the prosecuting party that files a case , and in civil cases, the party is known as the plaintiff.
Is the plaintiff the victim?
In legal terms, the plaintiff is the person who brings a lawsuit against another party . This is not to be confused with being seen as the victim in a lawsuit, because being the plaintiff doesn't mean you're in the right. It's simply the legal term for being the person who filed a lawsuit against the defendant.
Which comes first plaintiff or defendant?
(In the trial court, the first name listed is the plaintiff , the party bringing the suit. The name following the “v” is the defendant.
What is another name for plaintiff?
In this page you can discover 19 synonyms, antonyms, idiomatic expressions, and related words for plaintiff, like: accuser , prosecutor, complainant, law, pursuer, litigant, claimant, testator, defendant, appellant and the-prosecution.
What is the difference between plaintiff and complainant?
A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy. ... In criminal cases, the prosecutor brings the case against the defendant , but the key complaining party is often called the “complainant”.
Is plaintiff civil or criminal?
While the term plaintiff is always associated with civil litigation , the wrongdoer is called a defendant in both civil litigation and a criminal prosecution, so this can be confusing. The defendant can be any person or thing that has caused harm, including an individual, corporation, or other business entity.
What do judge say at the end?
Judge: (After verdict is read) Thank you, Jury, for your service today . Court is adjourned.
In what type of law is the government always the plaintiff?
A civil case begins when a person or entity (such as a corporation or the government), called the plaintiff, claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff.
What should you not say in court?
- Do Not Memorize What You Will Say. ...
- Do Not Talk About the Case. ...
- Do Not Become Angry. ...
- Do Not Exaggerate. ...
- Avoid Statements That Cannot Be Amended. ...
- Do Not Volunteer Information. ...
- Do Not Talk About Your Testimony.
On what grounds can a case be dismissed?
Some reasons that a case may be dismissed include findings that: Your conduct did not violate a criminal statute . The prosecution cannot prove that you were engaged in criminal activity. The police violated your rights while investigating the case.
What happens if you go to trial and lose?
The jury (or the judge, in a bench trial ) can find you NOT GUILTY, GUILTY or the jury can be hung meaning that they cannot reach a verdict. A judge in a jury trial or bench trial , under certain circumstances, can rule that the prosecutor has not met the burden of proof and dismiss the case on the spot.
Does the victim need a lawyer?
Victims of crime do not need to have their own lawyer for court as they are witnesses for the prosecution . The prosecution represents the community. ... They will prosecute summary matters in the local court, except if the charge relates to the sexual assault upon a child or the prosecution of a police officer.
