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Simple English definitions for legal terms
use plaintiff
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A quick definition of use plaintiff:
Term: Plaintiff
Definition: A plaintiff is someone who brings a legal action or lawsuit against another person or entity. In some cases, a plaintiff may need to bring the lawsuit in someone else's name, known as a use plaintiff. For example, if someone assigns their right to sue to another person, that person may need to sue in the assignor's name. This is called a use plaintiff or usee.
A more thorough explanation:
Definition: A plaintiff who brings an action in another person's name in common-law pleading. This is also known as a usee. For instance, if a person named A is an assignee of a chose in action and has to sue in someone else's name, the assignor B would appear first on the petition's title: "B for the Use of A against C."
Example: John is a contractor who has a contract with a homeowner, but the homeowner refuses to pay him. John can sue the homeowner in court, but he can also use a plaintiff to sue on his behalf. In this case, John would be the use plaintiff, and the person suing the homeowner would be the usee.
Explanation: The example illustrates the use of a plaintiff in common-law pleading. John, the contractor, is the use plaintiff, and the person suing the homeowner is the usee. The use plaintiff is necessary when the person who has the right to sue cannot do so in their own name.