Every case has a name, and the name is a small map of the dispute. It tells you who sued whom, and often what kind of case it is and how far it has traveled along the path of a case.
Key idea
A case name lists the parties: Smith v. Jones ("v." for versus, "against"). At trial they are the plaintiff and the defendant (in a criminal case, the government and the defendant). On appeal they are the appellant (who appeals) and the appellee. At the U.S. Supreme Court they are the petitioner (who asked for review) and the respondent.
| Court | The side that brought this stage | The other side |
|---|---|---|
| Trial court (civil) | plaintiff | defendant |
| Trial court (criminal) | the government: United States, State, People or Commonwealth | defendant |
| Intermediate appeal | appellant | appellee |
| U.S. Supreme Court (certiorari) | petitioner | respondent |
Why it works
The names track roles, and roles change as a case moves. Whoever lost below and seeks review becomes the appellant or petitioner, even if that party was the defendant at trial. Courts do not agree on the order of names on appeal. The federal courts of appeals keep the trial court's title, while some state appellate courts put the appealing party first. The U.S. Supreme Court lists the petitioner first. That is why the same case can carry two names. Ernesto Miranda was prosecuted by Arizona, and his case reached the Arizona Supreme Court as State v. Miranda; when he sought review in the U.S. Supreme Court it became Miranda v. Arizona (1966).
- Criminal cases are brought in the name of the government: United States v. in federal court; State v. in many states; People v. in states such as New York, California, Illinois and Michigan; Commonwealth v. in Pennsylvania, Massachusetts, Virginia and Kentucky.
- In re ("in the matter of") names a case without two opposing parties in the usual sense, such as a juvenile or bankruptcy matter: In re Gault (1967).
- Courts sometimes use pseudonyms, such as Doe, to protect a party's privacy.
Worked example: Follow the names
Rosa sues Acme Corp. in federal district court and wins. Acme appeals and loses. Acme petitions the Supreme Court, which grants review. What is the case called at each stage, and who is the petitioner?
- District court: Rosa v. Acme Corp. (Rosa is plaintiff).
- Court of appeals: still Rosa v. Acme Corp., with Acme as appellant and Rosa as appellee (federal appeals keep the trial title).
- Supreme Court: the petitioner comes first, so Acme Corp. v. Rosa.
Answer: Rosa v. Acme Corp. below; Acme Corp. v. Rosa in the Supreme Court; Acme is the petitioner.
Common mistake
Thinking the first name is always the plaintiff. On appeal, many courts put the appealing party first, so the order can flip between courts, as in State v. Miranda and Miranda v. Arizona. Check the court and the stage: at the Supreme Court, the first name is the petitioner, who lost below.
This is an educational course, not legal advice.