Plaintiff
Party who initiates a civil lawsuit seeking legal remedy.
A plaintiff is the party who initiates a lawsuit, known as an action, before a court, seeking a legal remedy. If successful, the court issues judgment in favor of the plaintiff and makes an appropriate court order, such as an order for damages. In criminal cases, the prosecutor brings the case, and the key complaining party is often called the 'complainant'.
- field
- Law
- known_for
- Initiating a civil lawsuit
- etymology
- Anglo-French 'pleintif' meaning 'complaining'
Lore & Background
It was identical to 'plaintive' at first and receded into legal usage with the -iff spelling in the 15th century. In most English-speaking jurisdictions, including Hong Kong, Nigeria, Australia (except federal jurisdiction), Canada, the United States, Northern Ireland, and the Republic of Ireland, 'plaintiff' is the general term for the party taking action in a civil case.
Reader's Guide
The term 'plaintiff' is central to civil litigation in most English-speaking jurisdictions, distinguishing the party who brings a lawsuit from the defendant. In Scotland, the party is always known as the 'pursuer'. In the Federal Court of Australia, most plaintiffs are called 'applicants', except in admiralty and corporations law matters where they are called 'plaintiffs'. A plaintiff identified by name in a class action is called a named plaintiff. In criminal cases, the prosecution brings the case, not a plaintiff, and the complaining witness is termed the 'complainant'. Case names are usually given with the plaintiff first, as in Plaintiff v. Defendant. The term's historical roots in Anglo-French law underscore its long-standing role in legal procedure.
Did You Know?
- In Scotland, a plaintiff is referred to as a 'pursuer' and a defendant as a 'defender'.
- In the Federal Court of Australia, most plaintiffs are called 'applicants', but in admiralty and corporations law matters they are called 'plaintiffs'.
Frequently Asked Questions
Who is a Plaintiff?
A plaintiff is the person or entity that files the initial complaint to start a civil lawsuit in court. They are the one formally asking the judge for a legal remedy against the opposing party.
What is a Plaintiff's role in a lawsuit?
The plaintiff bears the burden of presenting their case and evidence to support their claim before the court. Their goal is to secure a favorable judgment, such as an award of damages or a specific court order.
How does a Plaintiff's case typically end?
If the court rules in the plaintiff's favor, the judge issues a judgment and may order the defendant to pay damages or take specific action. If the plaintiff loses, the case is dismissed and no remedy is granted.
Why is the Plaintiff important in the legal system?
Without a plaintiff initiating the action, a civil case simply cannot begin, making them the driving force behind the entire proceedings. They set the terms of the dispute and determine what remedy the court is asked to consider.
Where does the word 'Plaintiff' come from?
The term traces back to the Anglo-French word 'pleintif,' which essentially means 'complaining.' This reflects the plaintiff's core function of formally presenting a grievance to the court.
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