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Honey Dew
Discussion » Questions » Legal » Subject matter jurisdiction: Does the plaintiff have to be an individual person not an entity?

Subject matter jurisdiction: Does the plaintiff have to be an individual person not an entity?

Don't believe it does but I don't know why. The subject has come up constantly in the Darrell Brooks trial. Additionally he is claiming to be a sovereign citizen.  Any case law you know of that settles that question?

Posted - October 20

Responses


  • 50707

     

      One example in civil proceedings is a class-action lawsuit, another is co-plaintiffs or plaintiff(s) et al. Yet another example in criminal proceedings is The People vs Defendant or Defendants. However, the concept of how many plaintiffs can carry forward a charge or how many can be named in one case is a bit of a separate concept than that of sovereign citizenship or not sovereign citizenship, which can also be an individual person, or if more than one plaintiff, individual people. 

      I am neither well-versed enough nor knowledgeable of any particular case law that backs any of this up. My knowledge is purely at a layman’s level. Additionally, with the advent of having worked in law enforcement for more than two decades prior to retiring, I was exposed to this type of subject matter in my professional capacity in interaction with the government attorneys who handled cases that were filed by my department.

      I do not recognize and therefore know nothing about the particular ongoing case in your description field.
    ~

      October 20, 2022 1:06 PM MDT
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  • 2399
    A man who ran his SUV through a parade route, killed 6 people and injured many others, I heard one estimate of 65 injuries.  He is attempting to defend himself and has failed miserably.  This makes the case interesting as he constantly acts up in court; objects to almost every question the prosecution asks and seems more interested in finding out  who knew what and when about his crimes.  Additionally he is more interested in his baby mommas activities ignoring any chance to bring up any defense on his behalf. One thing not brought up is baby momma was wearing a hoodie with a particular logo which 30 minutes later, after an altercation with baby momma, the defendant was seen wearing the same hoodie with the same logo (apparently)as he was photographed driving through the parade route. I'm surprised no one mentioned it.  

    Thank you for the information.


    This post was edited by Honey Dew at October 22, 2022 5:13 PM MDT
      October 20, 2022 2:58 PM MDT
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  • 11806
    It's been said that a defendant who represents himself has a fool for a client.
      October 22, 2022 5:14 PM MDT
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  • 30135
    Depends on if criminal or civil. 

    In a criminal, it is "the people" aka the government  as the prosecutor. In civil, it can be the gov, an individual(s)  or any legal institution (corporation,  LLC,  non-profit etc).

    Brooks is another case, of our justice system failing to protect innocent people from repeated violent criminals.  This post was edited by my2cents at October 22, 2022 8:49 PM MDT
      October 20, 2022 5:04 PM MDT
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  • 2399
    I agree! The impression I received is that he belongs to the Blood's gang, no mention has been made of that. 


    This post was edited by Honey Dew at October 22, 2022 1:56 PM MDT
      October 20, 2022 6:34 PM MDT
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  • 920
    In a civil case, the plaintiff can be an individual or a corporate entity.  However, while an individual can represent him/herself, I believe a corporate entity has to be represented by an attorney.  Not positive about this.
      October 21, 2022 8:43 AM MDT
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  • 16753
    Subject matter jurisdiction deals with the type of case being litigated....not the parties.   As for parties, certain entities, such as corporations, may certainly bring law suits just as they may be sued.    Courts must have both subject matter and personal jurisdiction over the defendant to hear a civil case.  Criminal law is very different in that a defendant who commits a crime is under the jurisdiction of the courts in the jurisdiction where the crime was committed.  And criminal courts always have jurisdiction over criminal matters.

    https://www.law.cornell.edu/wex/subject_matter_jurisdiction This post was edited by Thriftymaid at October 22, 2022 6:06 PM MDT
      October 22, 2022 1:46 PM MDT
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  • 11806
    I am a plaintiff in a collective action suit against a former employer for failure to pay overtime. There are six of us, but we are considered individual plaintiffs. However, there is no reason a business or other entity - corporation, partnership et al - cannot be a plaintiff, such as in a suit against a former employee.
      October 22, 2022 2:02 PM MDT
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  • 2399
    Thank you.
      October 22, 2022 2:48 PM MDT
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