Kara Sears
Reading a law case can be a challenging task, especially when trying to identify the plaintiff. Case citations are used by legal professionals to identify past court case decisions and typically contain the names of the opposing parties, separated by 'v' (an abbreviation of the Latin word 'versus', meaning 'against'). In a trial court case, the first name listed is the plaintiff, or the party bringing the suit. For example, in 'Brown v. Board of Education', 'Brown' is the plaintiff. If the case is appealed, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second. In some jurisdictions, such as Ohio, the order of names remains the same on appeal as in the trial court. In older cases, the plaintiff may be referred to as the plaintiff in error, claiming that a lower court erred in its ruling. Case citations also typically include the volume number of the reporter, the page where the case starts, and the year the case was decided.
| Characteristics | Values |
|---|---|
| Party names | Plaintiff (the person or entity initiating the action) |
| Defendant (the person or entity defending themselves/itself against the claims of the plaintiff) | |
| Case citation format | Party names, name of the reporter in which the case is found, volume number of the reporter, page in the reporter where the case starts, and the year the case was decided |
| Case citation example | Brown v. Board of Education, 347 U.S. 483 (1954) |
| Plaintiff in criminal cases | Prosecutor who represents the plaintiff (victim) on behalf of the state |
| Plaintiff in civil cases | The alleged harmed victim who must prove their case against the defendant |
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What You'll Learn
Case citations
For example, in the case citation "Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007)", "Ledbetter" is the plaintiff, "Goodyear Tire & Rubber Co." is the defendant, "550" is the volume number, "U.S." is the court reporter abbreviation, "618" is the page number, and "2007" is the year the case was decided.
In some jurisdictions, like England, Australia, and some Canadian provinces, volumes are not numbered independently of the year, so the year and volume number are required to identify the book in the series that contains the case report. In federal statutory citations, the citation generally includes the title of the code, the abbreviation for the code, the section of the code, and the year of the code. For example, in the citation "42 U.S.C. § 1983 (2006)", "42" is the title of the code, "U.S.C." is the abbreviation for the United States Code, "1983" is the section of the code, and "2006" is the year of the code.
There are two types of citations: proprietary and public domain. Public domain citations refer to official reporters, while proprietary citations refer to publications like Westlaw or LexisNexis. There are many citation guides, but the most commonly acknowledged is "The Bluebook: A Uniform System of Citation," compiled by several top law reviews.
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Plaintiff and defendant
In a civil case, the plaintiff is the individual or entity that files the lawsuit, claiming they have incurred loss or damage due to the defendant's actions or inactions. The plaintiff has the burden of proof and must show evidence that the defendant is responsible for the harm they have suffered. The plaintiff must prove their case by a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible. In some cases, the plaintiff must prove their case by clear and convincing evidence, which is a higher standard.
The defendant, on the other hand, is the individual or entity being sued or accused of causing the alleged harm. They are responsible for defending themselves against the plaintiff's claims. The defendant has certain rights guaranteed by law, such as the right to an attorney and the presumption of innocence until proven guilty.
In a criminal case, the plaintiff is typically identified as "The People" or the State, acting on behalf of the victim. The prosecutor represents the plaintiff in court. The defendant is the individual accused of committing a crime or code violation.
It is important to note that the terms "plaintiff" and "defendant" are not used in all types of cases, such as appeals and bankruptcy cases. In an appeal, the party that appeals a ruling is called the "appellant", while the other party is called the "appellee".
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Criminal vs civil cases
When reading a law case, the plaintiff is the party bringing the suit. In a trial court case, the plaintiff is the first name listed, with the defendant coming after the "v". If the case is appealed, the name of the petitioner (appellant) is usually listed first, and the respondent (appellee) is listed second.
Now, criminal cases and civil cases are two different things. A criminal case involves a crime against the state, although individuals may be victims. A criminal charge can only be brought by the government and filed by a prosecutor. The prosecutor represents the plaintiff (victim) on behalf of the state. The defendant is the person accused of the crime. They have certain rights, such as the right to an attorney and the presumption of innocence until proven guilty. Criminal cases can result in punishments like prison time, fines, probation, or parole.
On the other hand, civil law does not involve criminal activities. Instead, it allows individuals or entities to claim payment for financial damages inflicted on them by a defendant. The plaintiff seeks restitution or financial compensation. Civil cases can involve disputes over injuries, property damage, divorce, child custody, bankruptcy, breach of contract, and defamation. The burden of proof in civil cases is much lower than in criminal cases. In civil cases, the plaintiff must prove their case by showing a preponderance of evidence, meaning it is more than 50% likely that their claims are true. Civil cases are often heard by a judge, but a jury can also be involved. Many civil cases are settled out of court through negotiations between attorneys.
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Burden of proof
In a legal dispute, the burden of proof is the obligation of a party to prove its allegations at trial. The burden of proof is usually on the person who brings a claim in a dispute, or the claimant, who is typically the plaintiff. The plaintiff is the individual or entity who brings a civil legal action and files a complaint, petition, or other pleading. They are often represented by an attorney.
In a civil case, the plaintiff sets forth its allegations in a complaint, petition, or other pleading. The defendant is then required to file a responsive pleading denying some or all of the allegations and setting forth any affirmative facts in defense. The plaintiff must prove that their claims are more likely valid than not, with a preponderance of evidence standard requiring 51% certainty. This is a lower standard than in criminal cases, where the burden of proof is beyond a reasonable doubt. In civil cases, the plaintiff must show that they suffered some type of injury due to the defendant's negligence, recklessness, or criminal act and that the plaintiff’s injury can be improved with compensation from the defendant.
In criminal cases, the burden of proving the defendant's guilt is on the prosecution, who acts on behalf of the plaintiff (victim). The defendant is presumed innocent until proven guilty, and the prosecutor must establish the defendant's guilt beyond a reasonable doubt.
The burden of proof can be further broken down into the burden of production and the burden of persuasion. The burden of production refers to providing enough evidence on an issue so that the trier-of-fact decides it, rather than a peremptory ruling. The burden of persuasion refers to the standard of proof that must be met, such as preponderance or beyond a reasonable doubt.
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Certiorari
In the United States, a writ of certiorari is commonly referred to as a "cert petition." It is the legal document issued by the Supreme Court when it agrees to hear a case. The Supreme Court Justices decide which cases to hear, and a writ of certiorari is the official way for the Court to declare that it will hear a specific case and the specific legal issues it will consider. The petitioner, or the party asking the Court to take the case, files a petition for a writ of certiorari, presenting the basic facts of the case and the legal arguments for the Court's consideration.
The process of granting certiorari is discretionary, and a denial of certiorari does not imply agreement with the lower court's ruling. Instead, it means that fewer than four justices determined that the circumstances warranted a review by the Supreme Court.
Now, to identify the plaintiff in a law case:
In civil cases, the plaintiff is the person or entity that files the lawsuit, alleging that wrongdoing has been done to them. They are often referred to as the complaining party and are responsible for initiating the legal proceedings and proving their case against the defendant. In personal injury cases, for example, the plaintiff is the person who has suffered harm and seeks compensation from the defendant, who is the person or entity accused of committing a wrongful act.
In criminal cases, the plaintiff is typically identified as "The People" or the State, representing the victim of a crime or code violation. The defendant, in this case, is the individual accused of committing the crime.
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Frequently asked questions
The plaintiff is generally named first in the case caption, with the defendant named second. The plaintiff is usually separated from the defendant by a "v". For example, in "Brown v. Board of Education", Brown is the plaintiff.
The plaintiff is the person or entity that files the lawsuit and brings the civil legal action. They initiate the lawsuit and must prove their case against the defendant.
In criminal cases, the prosecutor represents the plaintiff (victim) on behalf of the state. The plaintiff is the harmed victim.
The plaintiff has the burden of proof in civil cases. They must prove that the defendant is responsible by a preponderance of the evidence, meaning it must be "more likely than not" that the defendant caused the harm.
