petition

A written address, embodying an application or prayer from the person or persons preferring it, to the power, body, or person to whom it is presented, for the exercise of his or their authority in the redress of some wrong, or the grant of some favor, privilege, or license. A formal written request addressed to some governmental authority. The right of the people to petition for redress of grievances is guaranteed by the First Amendment, U.S. Constitution.

A written request to a board for action on some matter therein laid before it. McKillop v. County Bd. of Ed. of Sanborn County, 78 S.D. 587, 105 N.W.2d 671, 675.

For example, a formal paper filed with the N.L. R.B. seeking a secret ballot election among a certain group of employees (bargaining unit). A formal written application to a court requesting judicial action on a certain matter. A recital of facts which give rise to a cause of action. Matthews v. Simmons, Tex.Civ.App., 589 S.W.2d 156, 159.

An application made to a court ex parte, or where there are no parties in opposition, praying for the exercise of the judicial powers of the court in relation to some matter which is not the subject for a suit or action, or for authority to do some act which requires the sanction of the court; as for the appointment of a guardian, for leave to sell trust property, etc. Formerly, in equity practice the original pleading was denominated a petition or bill. Today, in almost all jurisdictions, whether in law or equity, the initial pleading is a complaint. Written request to the court for an order after notice. Uniform Probate Code, No.No. 1-201(31), 5-103(15)

@ petition de droit

/patishan ds droyt/

L. Fr. In old English practice, a petition of right; a form of proceeding to obtain restitution from the crown of either real or personal property, being of use where the crown is in possession of any hereditaments or chattels, and the petitioner suggests such a right as controverts the title of the crown, grounded on facts disclosed in the petition itself. 3 Bl.Comm. 256

@ petitioner

One who presents a petition to a court, officer, or legislative body. The one who starts an equity proceeding or the one who takes an appeal from a judgment. In legal proceedings commenced by petition, the person against whom action or relief is prayed, or who opposes the prayer of the petition, is called the "respondent."

See also plaintiff

@ petition in bankruptcy

A document filed in a court of bankruptcy, or with the clerk, by a debtor seeking the relief provided under the various chapters of the Bankruptcy Code. This is the manner in which a bankruptcy case is commenced.

See Bankruptcy Code, No. 301 et seq

@ petitioning creditor

The creditor at whose instance an adjudication of bankruptcy is made against a debtor

@ petition of right

In old English law, a proceeding in chancery by which a subject may recover property in the possession of the king.

See petition de droit

@ rights, petition of

@ petition of rights

A parliamentary declaration of the liberties of the people, assented to by King Charles I, in 1629. It is to be distinguished from the bill of rights, (1689), which has passed into a permanent constitutional statute

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