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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - litigant
Definition of litigant
A litigant is an individual or organization that is directly involved as a party in a formal legal dispute brought before a court. This term applies to both the party who initiates the lawsuit (known as the plaintiff) and the party against whom the lawsuit is filed (known as the defendant). It specifically refers to those with a direct stake in the outcome of the case, distinguishing them from attorneys, judges, or witnesses who play different roles in the legal process.
Here are some examples to illustrate the concept of a litigant:
Imagine a situation where a homeowner discovers significant structural damage to their newly purchased house and believes the seller intentionally concealed these defects. The homeowner decides to sue the seller for damages.
In this scenario, both the homeowner (as the plaintiff) and the seller (as the defendant) are considered litigants because they are the primary parties directly involved in the legal dispute over the property's condition.
Consider a small business that enters into a contract with a supplier for raw materials. If the supplier repeatedly fails to deliver the materials on time, causing the business to lose revenue, the business might sue the supplier for breach of contract.
Here, the small business and the supplier are the litigants. They are the entities whose rights and obligations are directly at issue in the court case.
Suppose a local community group files a lawsuit against a city council, challenging a newly approved zoning change that they believe will negatively impact their neighborhood's character and property values.
In this instance, the community group and the city council are the litigants, as they are the direct parties presenting their arguments and seeking a resolution from the court regarding the zoning decision.
Simple Definition
A litigant is any party directly involved in a lawsuit. This term specifically refers to the plaintiff (the one bringing the suit) and the defendant (the one being sued), but it does not include their attorneys or witnesses.