原告, 被告

English translation: Plaintiff, defendant

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Japanese term or phrase:原告, 被告 (民事)
English translation:Plaintiff, defendant
Entered by: mstkwasa

09:06 Jan 18, 2005
Japanese to English translations [PRO]
Law/Patents - Law (general)
Japanese term or phrase: 原告, 被告
In a legal document about a divorce, are the two parties referred to as plaintiff and defendent、or are there other terms which are more suitable?
Mary Murata
United Kingdom
Local time: 07:01
Plaintiff, defendant
Explanation:
I think "plaintiff" and "claimant" are used interchangeably, but I prefer plaintiff as the word is defined as "a person who brings a legal action" (http://www.w-m.com/) whereas a claimant is someone who "asserts a right or title" (ibid). This is unless the claim for divorce is being made in the document - in which case "claimant" may be clearer.

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Note added at 22 mins (2005-01-18 09:28:52 GMT)
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In the UK at least, it seems to be plaintiff in divorce cases;

cf: the Law Commission for England and Wales
http://www.lawcom.gov.uk/library/lccp144/pt3-5.htm


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Note added at 28 mins (2005-01-18 09:34:40 GMT)
--------------------------------------------------

Apparently the same in New Jersey and New York.
\"A complaint for divorce is filed in the county in which the plaintiff lived when the cause of action arose, or if the plaintiff was not then living in New Jersey, the county in which the defendant was living when the cause of action arose.\"
http://www.divorcehq.com/articles/njprocedure.html
\"The spouse filing the divorce is the plaintiff, and the non filing spouse is the defendant.\"
http://www.divorcesource.com/NY/ARTICLES/barics2.html

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Note added at 33 mins (2005-01-18 09:39:39 GMT)
--------------------------------------------------

For \"plaintiff\" and \"claimant\":
\"After 6/10/69, if the court after the hearing determines that the plaintiff or claimant is entitled to a judgment of divorce or nullity of marriage, a final judgment is entered which dissolves the marriage.\"
http://usmarriagelaws.com/search/united_states/divorce_laws/...
\"Plaintiff, or claimant
Someone who makes a claim in court against a defendant for a remedy such as damages.\"
http://www.lawpack.co.uk/legal_glossary_p_to_r.asp
Selected response from:

mstkwasa
Local time: 07:01
Grading comment
Thanks to everyone who replied, - and so quickly. The links were very useful too.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4Plaintiff, defendant
mstkwasa
5Claimant and defendant
Kaori Myatt
4FYI
SenQ


  

Answers


3 mins   confidence: Answerer confidence 5/5
Claimant and defendant


Explanation:
原告:Claimant
被告:Defendant

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Note added at 2005-01-18 09:18:34 (GMT)
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Seems to be OK. If it is a devorce case(civil action), defendant is called 被告.

On criminal action, defendant is called 被疑者 before accusation but after the case bring it to the court , this person will be called 被告人.

Kaori Myatt
France
Local time: 08:01
Specializes in field
Native speaker of: Native in JapaneseJapanese
PRO pts in category: 8
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24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
原告, 被告
FYI


Explanation:
原告 in a civil action, it means: the plaintiff, the complainant
in a criminal action, it means: the prosecutor

被告: defendant / accused (in the criminal case)

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Note added at 26 mins (2005-01-18 09:32:43 GMT)
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so the this case(divorce), plaintiff and defendent are suitable enough.

SenQ
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15 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
原告, 被告
Plaintiff, defendant


Explanation:
I think "plaintiff" and "claimant" are used interchangeably, but I prefer plaintiff as the word is defined as "a person who brings a legal action" (http://www.w-m.com/) whereas a claimant is someone who "asserts a right or title" (ibid). This is unless the claim for divorce is being made in the document - in which case "claimant" may be clearer.

--------------------------------------------------
Note added at 22 mins (2005-01-18 09:28:52 GMT)
--------------------------------------------------

In the UK at least, it seems to be plaintiff in divorce cases;

cf: the Law Commission for England and Wales
http://www.lawcom.gov.uk/library/lccp144/pt3-5.htm


--------------------------------------------------
Note added at 28 mins (2005-01-18 09:34:40 GMT)
--------------------------------------------------

Apparently the same in New Jersey and New York.
\"A complaint for divorce is filed in the county in which the plaintiff lived when the cause of action arose, or if the plaintiff was not then living in New Jersey, the county in which the defendant was living when the cause of action arose.\"
http://www.divorcehq.com/articles/njprocedure.html
\"The spouse filing the divorce is the plaintiff, and the non filing spouse is the defendant.\"
http://www.divorcesource.com/NY/ARTICLES/barics2.html

--------------------------------------------------
Note added at 33 mins (2005-01-18 09:39:39 GMT)
--------------------------------------------------

For \"plaintiff\" and \"claimant\":
\"After 6/10/69, if the court after the hearing determines that the plaintiff or claimant is entitled to a judgment of divorce or nullity of marriage, a final judgment is entered which dissolves the marriage.\"
http://usmarriagelaws.com/search/united_states/divorce_laws/...
\"Plaintiff, or claimant
Someone who makes a claim in court against a defendant for a remedy such as damages.\"
http://www.lawpack.co.uk/legal_glossary_p_to_r.asp

mstkwasa
Local time: 07:01
Native speaker of: Native in JapaneseJapanese
PRO pts in category: 12
Grading comment
Thanks to everyone who replied, - and so quickly. The links were very useful too.

Peer comments on this answer (and responses from the answerer)
agree  Kurt Hammond: agreed. The usage will vary slightly depending on the jurisdiction, but from my experience I immediately imagined the "plaintiff/defendant" combination.
58 mins

agree  Nobuo Kawamura: Agreed, as this is a case under civil law (not criminal law)
1 hr

agree  humbird: Whether criminal or civil these two are words to be used. However if necessary plaintiff in civil case (or criminal case), defendant in civil case (or ciriminal case) for more clarity.
6 hrs

agree  tappi_k
1 day 16 hrs
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