Party (law) facts for kids

A party in law is a person or a group of people who are part of a legal case. They are involved in a lawsuit or other legal process and have a direct interest in what happens with the case. Think of them as the main players in a legal game.

For example, in a lawsuit, the person who starts the case is a party. The person or group being sued is also a party. Someone who only comes to court to tell what they saw (a witness) is usually not considered a party.

What is a Party in Law?

In simple terms, a party is anyone directly involved in a legal matter. This could be a lawsuit, a hearing, or any official legal action. They are important because their rights and responsibilities are often what the legal case is about.

Courts use different names to describe the role of each party. These names help everyone understand who is doing what in the case.

Who Are the Main Parties in a Lawsuit?

When a lawsuit begins, there are usually two main types of parties:

• Plaintiff: This is the person or group who starts the lawsuit. They are the ones who believe something wrong has happened to them and are asking the court to help.
• Defendant: This is the person or group being sued. They are the ones who are accused of doing something wrong or are being asked to respond to the plaintiff's claims.

Sometimes, in older American legal cases, the plaintiff was called the "party of the first part," and the defendant was called the "party of the second part."

Other Types of Parties

Besides plaintiffs and defendants, there can be other types of parties in a legal case:

• Petitioner: This is similar to a plaintiff. A petitioner asks a court for a specific order or decision, often in cases that are not traditional lawsuits, like asking for a divorce or adoption.
• Respondent: This is the person who has to answer the petitioner's request. They are similar to a defendant.
• Cross-Complainant: Sometimes, a defendant might decide to sue someone else within the same lawsuit. When they do this, they become a cross-complainant.
• Cross-Defendant: This is the person being sued by a cross-complainant.

This image shows a scale, which is a common symbol for justice and law.

Why Are Parties Important?

Parties are important because they are the ones whose rights and duties are being decided by the court. They have the right to present their side of the story, bring evidence, and argue their case. The court's decision will directly affect the parties involved.

Understanding who the parties are helps everyone involved in a legal case know their roles and responsibilities. It also helps the court make fair decisions that apply to the right people.

Related pages

• Erga omnes
• Ex parte proceeding
• Inter partes proceeding
• Intervention (law)

See also

In Spanish: Parte (derecho) para niños