Spanish translation: Demandante o Parte actora ( see bellow )
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English to Spanish translations [PRO] Law/Patents - Law (general) / Tribunals and courts
English term or phrase:Plaintiff / Claimant
Not being from the legal field, I'm not even sure of the difference between these 2 words in my own language. Both can be translated into Spanish as follows: "solicitante", "reclamante," "demandante", "querellante", "requierente" - although "demandante" seems to be the most widely used. I'd greatly appreciate it if someone could kindly shed some light on the use of these terms?
Explanation: Both terms are used for the person who starts a civil case ( a lawsuit )
In Spanish is " demandante " and the action is "demanda". The term "querellante" is not correct, because it is applied only in criminal cases.
-------------------------------------------------- Note added at 16 horas (2009-11-21 11:39:25 GMT) --------------------------------------------------
Thank you F P Gallego. It explains precisely what my doubt was. Thanks also to Rebecca Jowers for adding the valuable information on UK law. 4 KudoZ points were awarded for this answer
I wanted to clarify that the reform of civil procedure ("the Woolf reforms") that changed so much civpro terminology are the "Civil Procedure Rules 1998" that came into force on April 26, 1999. This piece of legislation is only applicable to England and Wales (not Scotland and Northern Ireland). Here's a link to HMSO where you can see the entire text: http://www.england-legislation.hmso.gov.uk/si/si1998/1998313...
Hi Tomas, this "query" does not pertain to a translation that I am doing but for my own clarification. So far everyone has been most helpful with both Rebecca Jowers and F.P.Gallego providing very helpful insight. I was just waiting to see if any further posts would be added as 24 hours have not yet passed. Thanks to everyone for sharing their wealth of knowledge and suggestions!
"Plaintiff" in the US and "claimant" in England/Wales are the parties who commence a civil action ("demandante" in Spanish). "Plaintiff" and "claimant" in this context are not used in criminal proceedings. However, a point of confusion may be that sometimes "civil claimant" is used to translate the Spanish expression "actor civil", who is a party in Spanish criminal proceedings who seeks compensation for damages arising from the criminal offense being tried.
First we have to establish what is the target country of the Spanish text. Then what kind of legal action it is about (civil or criminal). Then the target public or persons. Can you please provide that information so that the matter can be clarified in full?
If you are interested in how the 1999 civil procedure reform changed civil procedure terminology in England/Wales (which now means that different terms are used in the US and England), here is a good overview:
Since the asker is from the UK, I assume that she has seen "plaintiff/claimant" written thus, since until the reform of Civil Procedure in England and Wales (the 1999 Civil Procedure Act) the word "plaintiff" was used in both England and the US to denote the person who commences a civil action (in Spanish, the "demandante"). With the civpro reform, the proper term in England is now "claimant" (and another dozen or so civil procedure terms were also changed). So in this case, from the perspective of someone working in Europe, I suspect that the use of "plaintiff/claimant" refers to the "demandante" alone, providing both the old and the new term in order to be safe. As indicated by F.P. Gallego "claimant" cannot be translated as "querellante", since this is a criminal procedure term denoting a person who files a criminal complaint and enters an appearance in criminal proceedings as a private prosecutor. Also, as F.P. Gallego indicates in his answer, in Spain the plaintiff/claimant ("demandante") in a civil action is likewise often referred to as "la parte actora."
In my work as an interpreter in hearings where claimants are involved in administrative issues, such as unemployment, I always use the word 'reclamante.' A plaintiff, to me, is someone involved in a criminal action and I generally use 'demandante'. However, Holly Mikkelson in her Interpreter's Companion (for court interpreters) makes a distinction between a plaintiff in a civil action (demandante) and criminal action (denunciante, parte acusadora) ... just to further confuse things. I think the correct use also depends on which country you're dealing with.
I would talk about natural environments in which these word are used rather than talking about "differences". They both convey the idea of "claiming" something, no doubt about it.
Being a claimant I would use "reclamante" or "querellante" (for instance, in Puerto Rico). If it were plaintiff alone I would use "demandante" or other, accordingly to the case. The audience is extremely important in legal matters. I have never used nor would I use "solicitante" or "requiriente" but I am sure there are countries where those are the norm. No need to translate both words.
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Answers
12 mins confidence: peer agreement (net): +3
plaintiff / claimant
demandante / querellante
Explanation: Although sometimes they are used interchangeably, the slight difference is explained below
Plaintiff
Noun
1. A person who brings an action in a court of law.
The translation workplace 
peer agreement (net): +3
