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a more updated term for PLAINTIFF (demandante)

English translation: plaintiff

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14:23 Feb 17, 2005
English to English translations [PRO]
Law/Patents - Law (general)
English term or phrase: a more updated term for PLAINTIFF (demandante)
plaintiff is no longer used in modern documents. Does anyone know what the updated term is? Thanks a lot!
laurasanchez
English translation:plaintiff
Explanation:
What's wrong with "plaintiff"? It was used yesterday in the European Court of Human Rights in the McLibel case (see link below).
Selected response from:

Robert Jones
Spain
Local time: 12:23
Grading comment
Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4plaintiffRobert Jones
5 +3claimant (UK only)Rebecca Jowers
5 +1claimantTatty
5 +1complainantJane Lamb-Ruiz
5 +1applicant and claimantcanaria


Discussion entries: 1





  

Answers


11 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
plaintiff


Explanation:
What's wrong with "plaintiff"? It was used yesterday in the European Court of Human Rights in the McLibel case (see link below).


    Reference: http://www.mcspotlight.org/case/trial/verdict/Echr.html
Robert Jones
Spain
Local time: 12:23
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Graded automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Roxana Cortijo
27 mins

agree  mstkwasa: I cannot see anything wrong with it personally, but they have replaced it with "claimant" in England and Wales.
44 mins

agree  Krisztina Lelik
1 hr

agree  bigedsenior
2 hrs
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12 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
applicant and claimant


Explanation:
These terms are also used.

canaria
United Kingdom
Local time: 11:23
Specializes in field
Native speaker of: English

Peer comments on this answer (and responses from the answerer)
agree  Patrice: Yes, and also plaintiff...the terms depend on the standards for the style of cause for each jurisdiction and for the type of lawsuit
3 hrs
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8 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
complainant


Explanation:
but plaintiff is used in the US ..it depends on which court and in which state

--------------------------------------------------
Note added at 15 mins (2005-02-17 14:39:11 GMT)
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I wonder where you got the idea that the term was old fashioned?

Jane Lamb-Ruiz
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese

Peer comments on this answer (and responses from the answerer)
agree  jccantrell: Yes, this is true. Perhaps they were thinking Great Britain?
58 mins
  -> funny I thought I answered this first..
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13 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
claimant


Explanation:
Here's a definition from a legal secretary's guide relating to England and Wales, it's useful as it has specimens of all kinds of documents:
Plaintiff Before the Civil Procedure Rules came into effect, the person who brought an action in civil court proceedings was called the plaintiff. Such a person is now known as the claimant.

The change is also reflected in the link.

--------------------------------------------------
Note added at 19 mins (2005-02-17 14:42:57 GMT)
--------------------------------------------------

They came into effect in 2003.


    Reference: http://www.eurolegal.org/british/ukrescpp.htm
Tatty
Local time: 12:23
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  mstkwasa: Yes, in England and Wales but not in N. Ireland... "Paragraphs 14, 16 and 17 replace the obsolete word "plaintiff" [...] with the modern term "claimant" now used in civil proceedings in England and Wales." (Patents Act 2004)
39 mins
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +3
claimant (UK only)


Explanation:
In the UK the traditional term "plaintiff" was officially changed to "claimant" with the reform of Civil Procedure Rules in 1999 ("Lord Woolf's Reform"), which also changed lots of other civil proceeding terminology: a writ is now a "claim form;" pleadings are a "statement of case;" discovery is now "disclosure;" an in camera hearing is a "hearing in private;" an ex parte hearing is a "hearing without notice", etc., etc. More examples are provided in the article cited below on the "World Wide Words" webpage. However, the term "plaintiff" for "demandante" is still very much alive and kicking in the U.S., although in some non-contentious proceedings such as divorces the terms "petitioner" (for "demandante") and "respondent" (for "demandado") would be more appropriate.


    Reference: http:////news.bbc.co.uk/2/hi/uk_news/326414.stm
    Reference: http://www.worldwidewords.org/articles/probono.htm
Rebecca Jowers
Spain
Local time: 12:23
Specializes in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  mstkwasa: Neat summary!
3 mins
  -> Thanks

agree  Clare C
15 mins
  -> Thanks

agree  roneill: Claimant is also used in civil cases in the US. I was one recently.
1 hr
  -> Thanks, and hope you won your case!
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