A party is an
individual or group of individuals that compose a single
entity
An entity is something that exists as itself, as a subject or as an object, actually or potentially, concretely or abstractly, physically or not. It need not be of material existence. In particular, abstractions and legal fictions are usually r ...
which can be identified as one for the purposes of the
law.
Parties include:
*
plaintiff
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 ...
(person filing suit),
*
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one juris ...
(person sued or charged with a crime),
*
petitioner {{Unreferenced, date=December 2009
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.
In the courts
The petitioner may seek a legal remedy if the state or ano ...
(files a petition asking for a court ruling),
*
respondent
{{unreferenced, date=February 2012
A respondent is a person who is called upon to issue a response to a communication made by another. The term is used in legal contexts, in survey methodology, and in psychological conditioning.
Legal usage
In ...
(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).
A person who only appears in the case as a
witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
is not considered a party.
Courts use various terms to identify the role of a particular party in civil
litigation
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, usually identifying the party that brings a lawsuit as the
plaintiff
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 ...
, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one juris ...
, or, in older American cases, the ''party of the second part''. In a criminal case in Nigeria and some other countries the parties are called prosecutor and defendant.
See also
* ''
Erga omnes
''Erga omnes'' is a Latin phrase which means "towards all" or "towards everyone". In legal terminology, ''erga omnes'' rights or obligations are owed ''toward all''. For instance, a property right is an ''erga omnes'' entitlement, and therefore e ...
''
* ''
Ex parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring al ...
''
proceeding
In academia and librarianship, conference proceedings is a collection of academic papers published in the context of an academic conference or workshop. Conference proceedings typically contain the contributions made by researchers at the confer ...
* ''
Inter partes'' proceeding
*
Intervention (law)
In law, intervention is a procedure to allow a nonparty, called intervenor (also spelled intervener) to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants. The ...
References
Legal terminology
Law
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