Plaintiff
group · 3 works · 4 mentions · 12 anchored passages
also in the atlas: Plaintiff the figure
plaintiff · accuser · petitioner · the plaintiff
in the texts
Kātyāyana Smṛti
The party who initiates a legal proceeding by bringing a claim against another.
Because a decision is reached long after the commencement of the case, the defendant is entitled to time, but the plaintiff does not get time.
There, the plaintiff should speak first, the defendant immediately after.
He who has a greater financial or physical grievance, to him the right to be plaintiff should be given, not to him who presents his case first.
The Law of Torts
The party bringing an action for defamation, who bears shifting burdens of proof regarding malice and whose own reputation may affect damages.
Where the existence of a privileged occasion is established, we have seen that the plaintiff must give affirmative proof of malice, that is, dishonest or reckless ill-will, in order to succeed.
A plaintiff’s general bad repute cannot be pleaded as part of the defence to an action for defamation, for it is not directly material to the issue, but can be proved only in mitigation of damages.
and if the defendant establishes this, he will not be liable unless the plaintiff can prove that the communication was not honestly made for the purpose of discharging a legal, moral or social duty, or with a view to the just protection of some private interest or of the public good by giving information appearing proper to be given, but from some improper motive and without due regard to truth.
Nāradasmṛti
The party who initiates a legal suit by filing the first plaint and bears the burden of proving the claim.
What was written in the first stage, letter for letter and in its entirety, the plaintiff must prove by evidence in the third stage.
The penalty for a false accuser is that the fine prescribed in that case shall fall upon the plaintiff.
A plaintiff, having well-ascertained the strength of his case and being prompted by his own interest, should have the first plaint written down, being certain of the matter to be accomplished.