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Simple English definitions for legal terms
Petitioner
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A quick definition of Petitioner:
Term: Petitioner
Definition: The petitioner is the person who asks the court to do something. This can be someone who lost in a lower court and wants to appeal, or someone who wants the court to take action on a specific issue. It can be either the person who sued (plaintiff) or the person being sued (defendant) in the lower court. The petitioner is like the person who raises their hand and asks the teacher a question in class.
Related term: Respondent
A more thorough explanation:
Definition: The petitioner is the person or party who files a petition or request to the court. In an appeal, the petitioner is usually the party who lost in the lower court and is seeking further proceedings in a higher court. This can be either the plaintiff or defendant from the court below.
- John is the petitioner in the divorce case, as he filed the petition for divorce.
- In an appeal, the defendant from the lower court becomes the petitioner, as they are requesting further proceedings in a higher court.
These examples illustrate how the petitioner is the person or party who initiates legal action by filing a petition or request to the court. In the first example, John is the petitioner because he filed the petition for divorce. In the second example, the defendant becomes the petitioner in the appeal because they are requesting further proceedings in a higher court.