Relator (law)
Encyclopedia
RelatorRelator (rɨˈleɪtər, female relatrix (rɨˈleɪtrɪks) is the legal term meaning a private person at whose relation or in whose behalf an application for a quo warranto
or mandamus
is filed. The relator appears as one beneficially interested, but the action is maintained on his behalf. The relator furnishes the knowledge or facts on which an information or a proceeding in quo warranto is based. Such a proceeding is usually in the name of the state, ex rel
. (ex relatione = on behalf of) the relator, and so is called an "ex rel
. action".
Action may be brought by any party (as a relator) against an entity that is fraudulently collecting money from the United States government by filing false claims. The party bringing the suit -- the relator -- must have possession of information substantiating the claim of fraud against the government. The government shares a percentage of the monies collected, along with a share of treble damages and penalties if any, with the relator. The relator may be any entity including a private individual, trade association, or labor union. Congress authorized Qui Tam actions in the False Claims Act
.
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
or mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
is filed. The relator appears as one beneficially interested, but the action is maintained on his behalf. The relator furnishes the knowledge or facts on which an information or a proceeding in quo warranto is based. Such a proceeding is usually in the name of the state, ex rel
Ex rel
Ex rel is an abbreviation of the Latin phrase "ex relatione" meaning "by the relation of" . The term is a legal phrase most commonly used when a government brings a cause of action upon the request of a private party who has some interest in the matter. The private party is called the relator in...
. (ex relatione = on behalf of) the relator, and so is called an "ex rel
Ex rel
Ex rel is an abbreviation of the Latin phrase "ex relatione" meaning "by the relation of" . The term is a legal phrase most commonly used when a government brings a cause of action upon the request of a private party who has some interest in the matter. The private party is called the relator in...
. action".
Qui Tam action
A Qui TamQui tam
In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed...
Action may be brought by any party (as a relator) against an entity that is fraudulently collecting money from the United States government by filing false claims. The party bringing the suit -- the relator -- must have possession of information substantiating the claim of fraud against the government. The government shares a percentage of the monies collected, along with a share of treble damages and penalties if any, with the relator. The relator may be any entity including a private individual, trade association, or labor union. Congress authorized Qui Tam actions in the False Claims Act
False Claims Act
The False Claims Act is an American federal law that imposes liability on persons and companies who defraud governmental programs. The law includes a "qui tam" provision that allows people who are not affiliated with the government to file actions on behalf of the government...
.