Understanding Legal Terms: Plaintiff
A Common Term, but an Important One Nonetheless
By John Galt, published Sep 20, 2007
Published Content: 364 Total Views: 160,050 Favorited By: 7 CPs
When it comes to legal action, the plaintiff is the party who has brought the lawsuit. Meaning that they are the party who feels they have been wronged, and have thus taken legal action to correct that wrong. This is the simplest possible way to put who or what a plaintiff is into words. Of course, "plaintiff" is not always the preferred term, and some refer to the plaintiff instead as the "claimant" or perhaps "complainant". These terms are much more common place in British law, and it is rare to see them used in a United States court case. While these terms may sound strange to those who are more familiar with the traditional word, those forms or perhaps the easiest way to remember what the word means. If we take the first part of the work plaintiff, being "plain", we can think that it sounds very similar to "complaint". Thus, the plaintiff is the person or party who has the complaint, and would like it be corrected through legal action.
The rules by which a plaintiff may bring a case against a defendant vary accordingly from state in state. In some states, the plaintiff will file a summons and a complaint against a defendant, thus bringing the case officially to trial. However, in other states, the papers must be served according to a certain civil procedure, and served by an official member of the court. Following the papers being served, the lawsuit has officially begun.
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Takeaways
- What is the plaintiff?
- What role do they play in the court system?
- Other terms that may be associated with the plaintiff?
Did You Know?
Generally speaking, the plaintiff's name appears first in the name of the trial.
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