Is a plaintiff a person against whom a lawsuit is brought?
Asked by: Miss Margaretta Zulauf | Last update: December 27, 2025Score: 4.9/5 (15 votes)
The person who commences a civil lawsuit is called the plaintiff. The person against whom the suit is brought is the defendant. In some cases, there may be more than one plaintiff or defendant.
Who is the party against whom a lawsuit is brought?
defendant - In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Is a plaintiff a person against whom a lawsuit is brought True or false?
plaintiff, the party who brings a legal action or in whose name it is brought—as opposed to the defendant, the party who is being sued.
What is the person against whom a lawsuit is filed called?
The person who files the claim is called the plaintiff. The person against whom the claim is filed against is called the defendant. They are also called claimants or parties. You don't need to be a United States citizen to file or defend a case in small claims court.
Who files a lawsuit, plaintiff or defendant?
To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.
What Happens When a Lawsuit is Brought Against You
What do you call the person who filed the lawsuit?
If you file a case, you are called the Plaintiff. The person you sue is the Defendant. You start your case by filling out an SC-100 Plaintiff's Claim form and filing it with the court clerk.
Is the plaintiff the person who initiates a lawsuit?
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).
What do you call the person against whom a suit is filed?
Defendant. In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime. Defendant. An individual (or business) against whom a lawsuit is filed.
What is the plaintiff's lawyer called?
the attorney who represents a plaintiff (the suing party) in a lawsuit. In lawyer parlance a "plaintiff's attorney" refers to a lawyer who regularly represents persons who are suing for damages, while a lawyer who is regularly chosen by an insurance company to represent its insureds is called a "defense attorney."
How to file a lawsuit without a lawyer?
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
What is the role of a plaintiff?
The legal term “plaintiff” refers to the party who initiates the legal claim and seeks relief or compensation. The plaintiff's role is to present evidence and arguments to support their claim and prove their case to the court.
Who is the person involved in a lawsuit?
The defendant (sometimes called the respondent) is the person or party being sued by the plaintiff. For example, if someone has a contract with a business and breaches (breaking or failing to observe a law or agreement) the contract, the business could file a lawsuit making them the plaintiff.
Can you go to jail if you are found liable in a civil action?
A business or agency can also file a case in civil court or be sued in civil court. If someone loses a case in civil court, that person may be ordered to pay money to the other side or return property, but that person does not go to jail just for losing the case.
Who is the plaintiff in this lawsuit?
In civil cases, like a personal injury case, the plaintiff is the person(s) who has alleged that wrongdoing has been done to them. The defendant is the person(s) or entity that has been accused of committing a wrongful act. An easy way to remember the difference between plaintiff vs.
Can I sue after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
Who helps the plaintiff?
Plaintiffs usually have an attorney to represent them, though some plaintiffs represent themselves.
Why is it called plaintiff?
The Old French root word translates as “complain” and the Latin root is literally “beating of the breast,” or explaining your grief in a dramatic way. Plaintiff shares roots with the adjective plaintive, which describes a sorrowful sound. The plaintiff made a plaintive cry when the defendant was declared not guilty.
Who is more powerful, a judge or a prosecutor?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
What is a corrupt lawyer called?
/ˌpɛdiˈfɔgər/ Other forms: pettifoggers. A sneaky, underhanded lawyer is a pettifogger.
Is it worth suing someone with no money?
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
What is the difference between a plaintiff and a petitioner?
Parties include 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 ...
Who is the person against whom a lawsuit is filed?
The party whom a lawsuit is brought against is the defendant. The plaintiff initiates the lawsuit.
How long does a civil lawsuit take to settle?
Once the legal process begins, there is no clear-cut timeline for these types of proceedings. If both parties are amicable, you may get a settlement in as little as a few weeks. Complex cases that go to trial may take several years to resolve.
Is the plaintiff always the victim?
If someone is the victim of a crime and the person accused of that crime is arrested, the plaintiff is not the victim. The victim was the target of the crime, but the actual plaintiff is the government body bringing charges against the alleged perpetrator.