In civil law, who typically initiates the legal action?

In civil law, the legal action is typically initiated by the plaintiff. This is the individual or entity that brings the case to court, claiming that they have suffered a loss or injury due to the actions or inactions of the defendant. The plaintiff seeks a legal remedy, which often involves compensation for damages or enforcement of rights.

In civil cases, it is essential for the plaintiff to establish their case by gathering evidence and presenting it in court to prove their claims against the defendant. The role of the plaintiff is fundamental, as they set the legal proceedings in motion and bear the burden of proof to demonstrate that their assertions are valid.

The state usually plays a passive role in civil cases, as these matters generally arise from disputes between private parties rather than criminal prosecutions that involve public authority. The defendant responds to the plaintiff’s claims, and the judge oversees the proceedings but does not initiate legal actions themselves. These roles contribute to the structure and function of civil law, emphasizing the importance of the plaintiff in advocating for their legal rights.