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Home » Law Dictionary » A » ACTOR

ACTOR

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

practice. 1. A plaintiff or complainant. 2. He on whom the burden of proof lies. In actions of replevin both parties are said to be actors. The proctor or advocate in the courts of the civil law, was called actor.

Law Dictionary – Alternative Legal Definition

In Roman law. One who acted for another; one who attended to another’s business; a manager or agent. A slave who attended to, transacted, or superintended his master’s business or affairs, received and paid out moneys, and kept accounts. Burrill. A plaintiff or complainant. In a civil or private action the plaintiff was often called by the Romans “petitor;” in a public action (causa publico) he was called “accusator.” The defendant was called “reus,” both In private and public causes; this term, however, according to Cicero, (De Orat. ii. 43,) might signify either party, as indeed we might conclude from the word itself. In a private action, the defendant was often called “adversarius,” but either party might be called so. Also, the term is used of a party who, for the time being, sustains the burden of proof, or has the initiative in the suit. In old European law. A proctor, advocate, or pleader; one who acted for another in legal matters; one who represented a party and managed his cause. An attorney, bailiff, or steward; one who managed or acted for another. The Scotch “doer” is the literal translation. Actor qui contra regulam quid adduxit, non est audiendus. A plaintiff is not to be heard who has advanced anything against authority, (or against the rule.) Actor sequitur forum rei. According as ret is intended as the genitive of res, a thing, or reus, a defendant, this phrase means: The plaintiff follows the forum of the property in suit, or the forum of the defendant’s residence. Branch, Max. 4. Actore non probante reus absolvitor. When the plaintiff does not prove his case the defendant is acquitted. Hob. 103. Actori ineumbit onus proband!. The burden of proof rests on the plaintiff, (qr on the party who advances a proposition affirmatively.) Hob. 103.

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  • NOMINAL
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