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The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer. Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in the alternative, so the ...
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).
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).
A person who only appears in the case as a witness is not considered a party. 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 ...
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).
The ABA and numerous other groups lobbied for some kind of committee to take over the task of maintaining the FRCP and other federal procedural rules. [27] [28] In 1958, Congress amended the act creating the Judicial Conference of the United States so that it would have the power to advise the Supreme Court about revisions to procedural rules.
The U.S. Supreme Court on Thursday reinforced the power of law enforcement authorities to retain seized property belonging to people not charged with a crime, ruling in favor of Alabama officials ...
In court, the private prosecutor sits alongside the public prosecutor as an accessory, and is merely called the "civil plaintiff" (partie civile), as French criminal courts also rule on civil delictuel claims during the same proceeding. Trials take place in this way even when the prosecution was initiated by the public prosecution office (which ...