Saturday, August 21, 2010

Is ';prosecute'; the right word for a civil court case?

I know that in civil cases, the person bringing the lawsuit against another person is the ';plaintiff';, not the ';prosecution'; like in criminal cases. However, can you still say that the plaintiff is ';prosecuting'; the person who is the defendant?





An answer from somebody who is actually affiliated with the legal profession and the law would be helpful.





Thank you!Is ';prosecute'; the right word for a civil court case?
In a civil case one can ';prosecute'; a claim, meaning advance a claim, but the word is not applied to people. So you prosecute a claim, but you do not prosecute a person. The term is rarely used because it tends to give rise to misunderstanding. The only time I see it used in civil cases is on appeal where it is said that the appellant is prosecuting the appeal.Is ';prosecute'; the right word for a civil court case?
the plaintiff has brought forth a 'lawsuit' against the defendent,.thus the plaintiff is 'suing' the defendent

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