Adam Engelhart

A memory trick: Plaintiff v. Defendant

September 12th, 2008

Here’s a mnemonic I came up with after a couple of cocktails at Bourbon & Branch: The

• Plaintiff is the party with the burden of
• Proof, including, in a criminal case, the
• People (or other sovereign); they begin their case first (that is, in the
• Primary position), and they sit in closer
• Proximity to the jury box.

In addition, some of you 1Ls will be coming across cases involving the phrases “plaintiff in error” and “defendant in error,” for which you may substitute “appellant” and “appellee.” The plaintiff in error/appellant is the person complaining that the lower court made an error and thus filing the appeal, and the defendant in error/appellee is the one defending the lower court’s decision and against whom the other party filed the appeal.

Entry Filed under: Law