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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 ).
Case history; Prior: On appeal from the Circuit Court of the United States for the District of Kentucky: Holding; Where a river is said to be the boundary between two states, the boundary properly extended to the low water mark of the opposite shore and no higher; plaintiff's motion of ejectment based on title granted by the state of Kentucky was denied.
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
Perhaps the best known case creating an implied cause of action for constitutional rights is Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). In that case, the United States Supreme Court ruled that an individual whose Fourth Amendment freedom from unreasonable search and seizures had been violated by federal agents could sue for the violation of the Amendment itself, despite the lack ...
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]
Often, a plaintiff can bring a matter either to state court or to federal court, because it arises under federal law, or involves a substantial monetary dispute (in excess of $75,000 as of October 26, 2007) arising under state law between parties that do not reside in the same state. If a plaintiff files suit in state court in such a case, the ...
A foreign state (i.e., country) is the plaintiff, and the defendants are citizens of one or more U.S. states; or; Under the Class Action Fairness Act of 2005, a class action can usually be brought in a federal court when there is just minimal diversity, such that any plaintiff is a citizen of a different state from any defendant. Class actions ...
Using the vocabulary of the Federal Rules of Civil Procedure, the defendant seeks to become a third-party plaintiff by filing a third party complaint against a third party not presently party to the lawsuit, who thereby becomes a third-party defendant. This complaint alleges that the third party is liable for all or part of the damages that the ...