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The person who brings the lawsuit is called the "plaintiff," and the person who is sued is called the "defendant."
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∙ 10y ago
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Can a plaintiff drop a tort in a civil case?
If a judge has not made a decision, the plaintiff and their attorney can drop, or settle, the tort. However, once a judge has made a decision, the judge's decision is upheld by law, and the plaintiff has no say.
Type of tort case in Erin Brockovich case?
The Erin Brockovich case involved a tort claim known as toxic tort. The residents of Hinkley, California, suffered harm due to environmental pollution caused by Pacific Gas and Electric Company, leading to health issues. Erin Brockovich played a crucial role in representing the victims in their legal battle for compensation.
Can a tort only exist if the person who commits it intended to do so?
No, the defendant does not have to have "intent" to be held liable for a tort. The plaintiff only has the prove that damages were caused and that the defendant caused them. Whether the defendant caused them intentionally or negligently is, usually, irrelevant.
What are the ingredients of tort?
a wrongful act by the defendant, legal remedy, legal damage to the plaintiff
Who were the plaintif and the defendent?
In civil and tort cases, the "complaining" party is referred to as the PLAINTIFF. In criminal cases the plaintiff's place is taken by the PROSECUTION. In both civil and criminal cases the DEFENDANT is the person, or party, against whom the case is being brought.
What are the damages suffered by the plaintiff in a negligence case are called?
Question is unclear. Are you looking for the word TORT? Torts are civil wrongs, as opposed to criminal offenses, for which there is a legal remedy for harm caused.
Which tort involves a defendant representing that his goods products or services are those of the plaintiff?
trespass to chattels
In a Civil Case the party who brings a case against a Defendant is called?
In a criminal case it is the accuser. In a civil case - think Judge Judy - it is the Plaintiff
What is malicious prosecution in tort?
malicious prosecution,i would say, is an action for damages against the plaintiff by the defendant on various grounds....but solely out of malice,ill-will,spite....when i mentioned various grounds i meant that they were just excuses that the defendant used to prosecute the plaintiff whereas in fact his main reason was malice. here,the plaintiff and defendant can be old enemies or even competetors in the industrial realm or otherwise.Also, this case of malicious prosecution will not be justified by facts....rather it will be a a case brought about just to injure he plaintiff.
How do you tell plaintiff in a case just by the name of case?
The first name in a case is the side that is bringing the case and is either the plaintiff or the prosecution.
Who was the plaintiff in the Texas v Johnson case?
the plaintiff was Texas.
When going to court is the burden of proof lay on the plaintiff or the defendant?
The burden usually lies on the plaintiff to prove the elements of their case. However, there is the principal of res ipsa loquitor, which flips the table and requires the defendant to prove they were not negligent.
