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Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer".
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
A body of water open to all. Typically a synonym for International Waters, or in other legal parlance, the "High Seas". mea culpa: through my fault An acknowledgement of wrongdoing. / ˈ m eɪ. ə ˈ k u l. p ə / mens rea: guilty mind One of the requirements for a crime to be committed, the other being actus reus, the guilt act. This ...
Americans also use "claim" to describe an extrajudicial demand filed with an insurer or administrative agency. [15] If the claim is denied, then the claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision, and from that point forward participates in the lawsuit as a plaintiff.
Pro se legal representation (/ ˌ p r oʊ ˈ s iː / or / ˌ p r oʊ ˈ s eɪ /) means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney.
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The money or other property in controversy is called the res (a Latin word meaning object or thing). All defendants having a possible interest in the subject matter of the case are called claimants. In some jurisdictions, the plaintiff is referred to as the plaintiff-in-interpleader and each claimant a claimant-in-interpleader.
For governmental claims, both minors and adults have 6 months to file a claim with its corresponding jurisdiction according to Government Code section 911.2. After filing a claim to satisfy Government Code Section 911.2, the claimant has an additional 6 months to file a lawsuit against a government entity unless the entity accepts the claim. [37]