US versus UK: PLAINTIFF
(US) vs CLAIMANT (UK)
ENG: the party who initiates (starts) a civil lawsuit
POL: powód
explanation:
In 1999, after the Civil Procedure Rules (1998) came into force, the term “claimant” replaced the term “plaintiff” in civil courts of England and Wales. The new
term is believed to be less archaic and more understandable for non-professionals.
to COME INTO FORCE – wchodzić w życie (to start to
have legal force and effect)
(1) In most English speaking jurisdictions, including Hong Kong, Nigeria, Australia, Canada and
the United States, as well as in both Northern Ireland and the Republic of
Ireland, the legal term "plaintiff" is
still in use, as a general term for the party taking action in a civil case.
a JURISDICTION – obszar właściwości, jurysdykcja (a territory
over which a specific court has the authority to hear a case)
to TAKE (LEGAL) ACTION – pozywać (to take to court, to
sue)
(2) The move, which brings England and Wales out of
line with general usage in English-speaking jurisdictions, was reportedly based
on an assessment that the word "claimant" is more acceptable as "plain English"
than the word "plaintiff"
(3) But plain English, rather than the old-fashioned legal
expressions, will be used:
- "Plaintiff" changes to "claimant"
- "Writ" changes to "claim form"
- (…) "motion" changes to "application"
- "Minor" or "infant"
changes to "child"
- "Subpoena" changes to "witness summons"
- "Inter partes" changes to
"with notice"
- "Ex parte" changes to "without notice"
- "Taxing master" changes to "costs judge"
a(n) (INITIAL) WRIT – pozew/ powiadomienie o wytoczeniu powództwa (a legal
document that tells a person about a lawsuit that has been filed against them,
including details of the claim and when and where the case will be held)
a CLAIM FORM – formularz pozwu (a form with boxes for the claimant to fill
about his case)
a MOTION/ (APPLICATION (UK) – wniosek (an application made to a court or
judge in relation to a particular issue during a lawsuit)
a MINOR – nieletni (someone who is too young to have the legal
responsibilities of an adult)
a SUBPOENA/ (WITNESS) SUMMONS (UK) – wezwanie do sądu (świadka) (an order
requiring a person (a witness) to appear in court)
INTER PARTES/ WITH NOTICE – przy udziale obu stron (a hearing at which
all parties relevant to the application are present and make representations to
the court)
EX PARTE/ WITHOUT NOTICE – przy udziale jednej strony (an attorney's
communication with a judge (the other party is not represented))
a COSTS JUDGE – sędzia ustalający podział kosztów procesu (a judge who
makes the assessment of costs which are recoverable from a litigant by another
litigant or by a lawyer)
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