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The petitioner may seek a legal remedy if the state or another private person has acted unlawfully. In this case, the petitioner, often called a plaintiff, will submit a plea to a court to resolve the dispute. The person against whom the action is taken is known as a respondent. [2]
plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or; cross-defendant (a person sued by a cross-complainant). [1]
Generally, the first name (here, Roe) is the surname of the plaintiff, who is the party who filed the suit for an original case, or the appellant, the party appealing in a case being appealed from a lower court, or the petitioner when litigating in the high court of a jurisdiction; and the second name (here, Wade) is the surname of the ...
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
Proper service of process initially establishes personal jurisdiction of the court over the person served. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant, petitioner or plaintiff. The defendant may ...
Superior Court of California (1990) ended up with such unusual names. In Michigan law, the real-party-in-interest rule recognizes that litigation should be begun only by a party having an interest that will [ensure] sincere and vigorous advocacy. [1] When a trustee is a party to a lawsuit, the real party in interest is the beneficiary of the trust.
Let's face it: Not everybody acts appropriately in the workplace. From a co-worker updating her Facebook page on company time to a colleague fond of making comments about the boss behind his back ...
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.If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages).