plaintiff in error

plaintiff in error — 片語動詞

  • plaintiff in errorbase form
  • plaintiffs in error3rd person singular
  • plaintiffing in error-ing form
  • plaintiffed in errorpast simple

1. a party who asks a higher court to reverse a lower court's ruling by pointing ou

1.片語動詞C2
釋義

上訴方

以錯誤令狀提起上訴的當事人

a party who asks a higher court to reverse a lower court's ruling by pointing out a legal mistake in the trial record, rather than challenging the facts

例句

The plaintiff in error, convicted in 1898, claimed the trial judge gave the jury wrong instructions.

這名上訴方於 1898 年被定罪，他主張審判法官對陪審團做出了錯誤的指示。

historical common-law term for appellant via writ of error

The plaintiff in error had to show a legal mistake, such as a wrong jury instruction, in the trial record.

上訴方必須在審判紀錄中指出一項法律錯誤，例如不當的陪審團指示。

writ of error: procedure for reviewing legal mistakes in the trial record

同義詞
  • appellant

    modern term for the party who appeals; 'plaintiff in error' is the historical equivalent under the writ-of-error procedure

  • petitioner

    broader term used in many modern appeal contexts; 'plaintiff in error' is specific to the historical common-law writ of error

反義詞
  • defendant in error

    the party who won the original case and now responds to the writ of error — the modern equivalent of 'respondent' or 'appellee'

用法筆記

This is a historical term from English common law, used in the context of a 'writ of error' — a formal court order that allowed a higher court to review a lower court's ruling for legal mistakes. In modern legal systems the term has been mostly replaced by 'appellant' or 'petitioner', though it still appears in some older statutes and case citations. The phrase always stays in the singular form and is treated as a single legal noun.

常見錯誤

❌The plaintiff in error filed a new claim about the facts.
✅The plaintiff in error filed a writ of error arguing that the law was applied incorrectly.
💡'plaintiff in error' is about legal procedure mistakes, not new fact-based claims.
❌She became the plaintiff in error in her divorce case.
✅She became the plaintiff in error in the 1923 property dispute case.
💡the term is historical and limited to common-law writ-of-error appeals; it is not used in modern family-law cases.