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Legal Definitions - plaint
Definition of plaint
A plaint refers to a formal written statement of a grievance or claim, typically filed to initiate a legal action. While largely considered an older or archaic term in many common law jurisdictions, it is still used in some civil law systems and historical contexts to describe the initial document that sets out a party's case and requests relief from a court. It is essentially the equivalent of what is now commonly called a "complaint" or "petition."
Here are some examples illustrating the use of the term "plaint":
Imagine a historical scenario in the 17th century where a landowner believes a neighboring lord has unlawfully encroached upon his property and seized a portion of his crops. The landowner would formally present a plaint to the local court, detailing the alleged trespass and demanding the return of his land and compensation for the stolen harvest. This illustrates the historical use of a plaint as the initiating document for a property dispute.
Consider a modern civil law jurisdiction where an individual suspects that their recently deceased aunt's will was forged or signed under undue influence. To challenge the validity of the will, the individual might file a plaint with the probate court, outlining the reasons why they believe the testament is invalid and requesting that the court declare it void. This demonstrates the specific civil law application of a plaint when contesting a will.
In a fictional historical setting, if a craftsman had delivered goods to a customer who then refused to pay, the craftsman might have brought a plaint before a magistrate or guild court. This document would formally state the debt owed and the customer's refusal to pay, seeking a judgment for the outstanding amount. This example highlights the broader historical use of a plaint as a formal written grievance to initiate legal proceedings for various civil wrongs, such as breach of contract.
Simple Definition
A "plaint" is a formal legal complaint or petition. While now largely archaic, it historically referred to a complaint filed in actions like replevin, and in civil law, it can specifically mean a petition to challenge a will.