Written by attorneys · grounded in primary & secondary sources — see below
A historical term for the plaintiff or complaining party in a legal action.
Sources & Authorities· 35 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Foreclosure Plaintiff Joins Parties
Quinton Quinones, holding the note on a defaulted mortgage, initiates foreclosure against the mortgagor. As querens he must ensure notice reaches all junior lienholders and tenants to avoid later challenges to the sale. The court proceeds only after confirming proper joinder of necessary parties.
Plaintiff Requests Waiver of Service
Quintin Quest files suit against a corporation and sends a written notice requesting waiver of summons. As querens he fulfills the duty to avoid unnecessary service costs. The defendant accepts the request and returns the waiver within the required period.
Quincy Quigley brings a derivative action on behalf of the corporation. As querens he must plead particularized facts showing the board's independence determination failed to meet statutory requirements. The court dismisses the suit when the complaint lacks the required specificity.
Injured Party Invokes Res Ipsa
Quintessa Quinn sues after a surgical instrument is left inside her. As querens she must show the negligence falls within the defendant's duty. The court permits the inference of negligence to reach the jury.
Plaintiff Alleges Constitutional Violation
Quiana Qualls files suit seeking damages directly under the Fourth Amendment after an unlawful search. As querens she alleges a right to relief under federal law even without an express statutory cause of action. The district court recognizes federal question jurisdiction.
Entity Plaintiff Establishes Venue
Quartz Energy sues as plaintiff in a contract dispute. As querens the LLC is deemed to reside only in the district of its principal place of business. Venue is proper solely in that district under the governing statute.
Common questions
Frequently Asked
1
What does the term querens signify in historical legal texts?+
It refers to the plaintiff or complaining party who initiates the action.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…is that a litigant may assert only his own constitutional rights or immunities. The rule has no application where, as here, the plaintiff is himself or herself the immediate object of the challenged statute. Pp. 123-129. (b) The Does' complaint based on their own and their wives' alleged injury from the future possibility of…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational