What is a legal plaintiff?

Plaintiff, the party who brings a legal action or in whose name it is brought—as opposed to the defendant, the party who is being sued.

What is the legal definition of a plaintiff?

Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia. 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. West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

Who is the plaintiff in a small claims lawsuit?

Small claims are one type of civil case. The person starting the civil law suit is called the plaintiff, while the person against whom the civil suit is brought is termed the defendant. In a case called “Jones vs. Garcia,” Jones is the plaintiff and Garcia is the defendant.

Who is the legal plaintiff and equitable plaintiff?

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…

How to become a plaintiff in a lawsuit?

To begin a lawsuit, the plaintiff must file a complaint and a summons in the appropriate court. These are two separate documents. The complaint sets up the reasons for the lawsuit by describing what the defendant did wrong ( breach of contract, for example).

Who is the plaintiff in a civil lawsuit?

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) Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved. the person bringing an action in court.

What is the legal definition of the word 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.

What is the legal definition of failure to state a claim?

Failure to State a Claim Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of law occurred or that the claimant is entitled to a legal remedy. Failure to state a claim is frequently raised as a defense in civil litigation.