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Actor

A Law Dictionary and Glossary · George C. Kinney · 1893

A Law Dictionary and Glossary

Lat. The party who institutes or prosecutes an action. In some actions, as in replevin, the term is extended also to the other party. Actor in rem suam: an agent in his own matter. Actor qui contra regulam quid adduxit non est audiendus: a pleader ought not to be heard who advances a proposition contrary to the rules of law. Actor sequitur formam rei: the plaintiff follows the form of proceeding. Actor sequitur forum rei: the plaintiff follows the forum of the thing; the plaintiff follows the court of the defendant. Actori incumbit probatio [onus probandi], Lat. The burden of proof lies on the plaintiff.