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Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the party of the first part; and the party against whom the case was brought as the defendant, or, in older American cases, the party of the second part.
A lawsuit may also involve issues of public law in the sense that the state is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the ...
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).
An indispensable party (also called a required party, necessary party, or necessary and indispensable party) is a party in a lawsuit whose participation is required for jurisdiction or the purpose of rendering a judgment. In reality, a party may be "necessary" but not indispensable.
Civil and criminal cases are usually heard in different courts. In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the "plaintiff" or "claimant". In both kinds of action the other party is known as ...
When a trustee is a party to a lawsuit, the real party in interest is the beneficiary of the trust. In the United States, Rule 17 of the Federal Rules of Civil Procedure expressly provides that trustees are the real party in interest when it is necessary to sue on behalf of the estate. A beneficiary may sue under these circumstances only when ...
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment).
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).
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