In the United States, California Baptist pastor Wiley Drake achieved notoriety for boasting that he had prayed for the death of current president Barack Obama ; he had previously used such prayers against employees of the Internal Revenue Service, Americans United for Separation of Church and State, and George Tiller ; while serving as a party for the plaintiff in a 2009 case regarding Obama's citizenship, he later retracted his prayer, and called for other Christians to abstain from similar action " until Obama can be tried for treason ".

He was United States Solicitor in the Court of Claims ( 1855 – 58 ) and was associated with George T. Curtis as counsel for the plaintiff in the Dred Scott v. Sandford case of 1857.

In the case, Justice George Henry Williams wrote the opinion, Justice Thomas Nelson had served as the judge at the trial level due to circuit riding, while future justice Reuben P. Boise served as counsel for the defense, and fellow future justice Aaron E. Waite provided counsel for the plaintiff.

A party who files an appeal is called an " appellant ", " plaintiff in error ", " petitioner " or " pursuer ", and a party on the other side is called a " appellee ".

The appellant in the new case can be either the plaintiff ( or claimant ), defendant, third-party intervenor, or respondent ( appellee ) from the lower case, depending on who was the losing party.

In England and Wales ( except in private prosecutions by individuals ) an indictment is issued by the public prosecutor ( in most cases this will be the Crown Prosecution Service ) on behalf of the Crown, i. e. the Monarch, who is the nominal plaintiff in all public prosecutions under English law.

Adjusting liability insurance claims is particularly difficult because there is a third party involved, the plaintiff, who is under no contractual obligation to cooperate with the insurer and may in fact regard the insurer as a deep pocket.

The court found that the union, had it offered assistance to the plaintiff, would be in violation of its duty to protect the tenure of the accused member, and this judgment remains the precedent for cases in which union members who make complaints to the employer of racist or sexist harassment against member ( s ) of the same union cannot obtain union advice or assistance ; this applies irrespective of the merit of the complaint.

In law, malpractice is a type of negligence in which the professional under a duty to act fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers harm.

A plaintiff ( Π in legal shorthand ), also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit ( also known as an action ) before a court.

* The classic example is that of a father who gives his child a loaded gun, which she carelessly drops upon the plaintiff ’ s foot, causing injury.

# There was actual legally recognizable harm suffered by the plaintiff who did nothing wrong ( i. e., no contributory negligence ).

Comparative negligence has also been criticized, since it would allow a plaintiff who is recklessly 95 % negligent to recover 5 % of the damages from the defendant, and often more when a jury is feeling sympathetic.

Another example of the use of a superinjunction was in a libel case in which a plaintiff who claimed he was defamed by family members in a dispute over a multimillion pound family trust obtained anonymity for himself and for his relatives.

The plaintiff was a student who had been denied admission to law school, and had then been provisionally admitted during the pendency of the case.

In 1978, Topeka attorneys Richard Jones, Joseph Johnson and Charles Scott Jr. ( son of the original Brown team member ), with assistance from the American Civil Liberties Union, persuaded Linda Brown Smith — who now had her own children in Topeka schools — to be a plaintiff in reopening Brown.

According to William Blackstone's Commentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done ; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy.

A lawsuit or ( much less commonly ) " suit in law " is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy.

In the 1980s, McCorvey asserted that she had been the " pawn " of two young and ambitious lawyers ( Weddington and Coffee ) who were looking for a plaintiff with whom they could challenge the Texas state law prohibiting abortion.

" The agreement concerns Walter's brother Theobald, who was the plaintiff.

These include tricking a crooked lawyer attempting to sue Strickland into making it appear as though he is the one who injured his plaintiff and forcing a veterinarian who was shaking him down on costly and unnecessary treatments for a soldier's cat to approve the cat's file ( Hank told the vet's customers about a completely inefficient imaging machine the vet couldn't afford ).

The writs are issued in the name of the Crown, who is the nominal plaintiff, on behalf of the applicant.

S. C .)) ( QL ), where the British Columbia Supreme Court struck out the claim of a hospital director against the District of Saanich, holding that it was a meritless action designed to silence or intimidate the residents who were opposed to the plaintiff ’ s plan to redevelop the hospital facilities.

Although both serve the function of bringing a complaint before the court, the prosecutor is a servant of the state who makes accusations on behalf of the state in criminal proceedings, while the plaintiff is the complaining party in civil proceedings.

Defendants who use this defense are arguing that they should not be held liable for a tort or a crime, since the actions in question occurred with the plaintiff or " victim's " prior consent and permission.

** Used by a new defendant in a subsequent suit who wants to assert a final judgment on an issue ( s ) against the plaintiff from the first suit

Although the court ordered more factual development before it could rule definitively on the issue, the court did hold that it was possible for the look and feel of the websites to have trade dress protection if the plaintiff ’ s copyright claims did not already cover those parts.

** Used against the defendant from the first suit by the plaintiff ( from the first suit ) in a subsequent suit thereby preventing relitigation on an issue already decided

The stakeholder may invoke Rule 22 as a plaintiff, or by counter-claiming in an action already started against him by one, or more claimants.

The contract is based upon the bargain that a party foregoes its ability to sue ( if it has not sued already ), or to continue with the claim ( if the plaintiff has sued ), in return for the certainty written into the settlement.

* Fourth trial ( ruled on June 27, 1989, at Tokyo High Court ): The judge rejected the ruling of the first trial since the plaintiff has already lost interest in requesting the reversal of the rejection of his textbook.

In a typical consent decree, the defendant has already ceased or agrees to cease the conduct alleged by the plaintiff to be illegal and consents to a court injunction barring the conduct in the future.

Even when one seeks a waiver for grossly unfair fees, courts tend to waive only the amount in excess of the plaintiff's total assets, with the result that just to initiate a meritorious case, an already severely injured or damaged plaintiff may have to go bankrupt.

For example, if a car dealership broke a contract of sale and refused to deliver a particular car, which now could only be obtained for $ 10, 000 more than what the plaintiff was willing to pay, the courts would merely award the plaintiff $ 10, 000 ( in addition to the original amount paid, if it had already been paid ).

The plaintiff appealed, contending that Congress acted in light of similar language in Title VI of the Civil Rights Act of 1964, which the Supreme Court had already found to imply a private remedy, and to which Congress had allowed attorney fees ( which would be unnecessary absent a private right of action ).

In Maryland the Harford County Board of Education had prepared a desegregation plan which the Court approved but which a plaintiff had challenged ; ;

Each team had seven members – one judge, two members each from the district court and the local government election authorities and two witnesses each representing the plaintiff ( Pan-Blue Coalition ) and the defendant ( Pan-Green Coalition ).

The plaintiff was away and had left the house in the control of the defendant.

Once a valid judgment was obtained against an individual, however, the plaintiff could pursue recovery against the assets of the defendant regardless of their location, as other states were obligated by the Full Faith and Credit Clause of the Constitution to recognize such a judgment ( i. e. had ceded their power to refuse comity to fellow states of the Union ).

The plaintiff was away and had left the house in the control of the defendant.

In this case, the plaintiff could not be assisted by res ipsa loquitur and had to go on to prove that the flat tire was caused by the transport company's negligence.

Limitations periods begin when a cause of action is deemed to have arisen or when a plaintiff had reason to know of the harm, rather than at the time of the original event.

Among them, there are: Nguiagain v. Commission de la fonction publique, in which the judge rejected the plaintiff's motion for a mandamus to enjoin his union to revise the grievance that he had filed on the grounds that the motion was groundless and abusive ; De Niverville c. Descôteaux, where an injunction was rendered declaring the respondent, disbarred lawyer Descôteaux, as a vexatious litigant due to the multiple unfounded and frivolous actions that he had sought against the plaintiff De Niverville ; and in Fabrikant v. Corbin, a motion to declare the plaintiff Valery Fabrikant as a vexatious litigant was granted to the defendant, Dr. Corbin.

Materials which the plaintiffs had worked with and were ready to republish were now unavailable due to copyright restrictions. Eric Eldred, the lead plaintiff.

This requires that the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce.

The state argued that the case was moot because plaintiff Roe had given birth and was no longer pregnant by the time the case was heard.

Often this form of relief is in practical terms more valuable to a litigant ; for example, a plaintiff whose neighbor will not return his only milk cow, which had wandered onto the neighbor's

Adultery is difficult to prove as it requires corroborating evidence from a third party ; thus a statement by the defendant that he or she had sexual relations with a third party is not legally admissible to permit the court to grant a divorce to the plaintiff.

In fact Darlene Brown, another plaintiff, ( no relation to Oliver Brown ) would have been the named plaintiff if that had actually been the case.

The leaked agreement document revealed under the settlement terms, the defendants had paid plaintiff $ 22, 500 for past royalty payments, and $ 40, 000 for expense reimbursements.

The plaintiff, Janine Sugawara, claimed she had purchased the cereal Cap ' n Crunch with Crunchberries because she believed " crunchberries " indicated she was eating real fruit.