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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).
The person who starts the civil action through filing a complaint is referred to as the plaintiff (also known as the appellant). Defendants in civil actions usually make their first court appearance voluntarily in response to a summons. Historically, civil defendants could be taken into custody under a writ of capias ad respondendum.
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]
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. [1] Tort law can be contrasted with criminal law , which deals with criminal wrongs that are punishable by the state.
For example in a Court of Appeal case, the respondents are the party facing the appellant, who is challenging a lower court decision or some aspect of it. The respondent may have been the "claimant" or the "defendant" in the lower court. [1] In the United States Senate, the two sides in an impeachment trial are called the management and the ...
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
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Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.