What is the best definition of defendant?
Asked by: Mr. Rhiannon Koch | Last update: August 20, 2025Score: 4.8/5 (11 votes)
Defendant, in criminal cases , is the person accused of the crime . In civil cases , the defendant is the person or entity that is being sued by the plaintiff . In certain types of actions , the defendant is called the respondent .
What is a simple definition of a defendant?
: a person or group against whom a criminal or civil action is brought : someone who is being sued or accused of committing a crime.
What is the person referred to as the defendant?
Defendant. A person who is charged with a criminal offence. Another word for “an accused” is “defendant”.
What is a defendant person?
The defendant is the person against whom the government has brought charges in a criminal proceeding or the party who is being sued for damages (or injunctive relief) in a civil action. For example, in the criminal case The People of the State of California vs. John Smith, John Smith is the defendant.
What is the other meaning of defendant?
a person who is being sued or accused of a crime in a court of law The jury believed that the defendant was guilty. offenders. criminals. suspects.
Defendant — what is DEFENDANT definition
What is considered a defendant?
Defendant, in criminal cases , is the person accused of the crime . In civil cases , the defendant is the person or entity that is being sued by the plaintiff . In certain types of actions , the defendant is called the respondent .
Which of the following best defines a defendant?
A defendant is a person who has been accused of breaking the law and is being tried in court.
What makes someone a defendant?
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
What is the most likely outcome for a civil case?
The consequences of civil cases typically involve monetary compensation or specific performance. Monetary compensation may include damages to cover the plaintiff's financial losses, such as medical bills, property damage, or lost wages.
How do you identify a defendant?
A defendant is usually identified in court by the prosecutor asking the witness to point to the defendant and describe an item of clothing he is wearing. The State then asks the judge to confirm for the record that the defendant has been identified.
Does a defendant have to be in court?
In California, a represented defendant in a criminal case may be permitted to have their attorney appear on their behalf in certain situations as long as the Court agrees. However, in felony matters, a defendant will need to be personally present at the time of arraignment, trial, plea, and sentencing.
What is strong evidence in court?
Clear and convincing evidence is a higher standard of proof than the preponderance of the evidence standard, which only requires that enough facts are presented to make it more likely true than not. In contrast, clear and convincing evidence must be so strong as to remove any serious doubts about its truthfulness.
Who is more powerful, a judge or a prosecutor?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
What is the responsibility of a defendant?
The defendant's role in a lawsuit is to respond to your accusations and present their side of the story or defenses.
Can you go to jail at an arraignment?
Yes, you can absolutely go to jail at an arraignment in California. An arraignment is the first court appearance after an arrest.
Who generally sentences a defendant?
If a defendant pleads guilty or no contest, or a jury finds them guilty, then the judge decides what penalties or punishments they face. This is called sentencing.
What is the strongest form of evidence against a defendant?
Direct evidence carries significant weight in a trial as it leaves little room for doubt or interpretation. It provides a strong basis for establishing the guilt of a defendant and can significantly impact the outcome of a case.
What must be proven to win a civil case?
In a civil case, the plaintiff must convince the jury by a “preponderance of the evidence” (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered.
At what point do most civil cases settle?
The overwhelming majority of civil cases are resolved prior to trial – either through judicial order (for example, when the judge grants a dispositive motion filed by one of the parties) or through a settlement between the parties.
How do you win as a defendant?
One effective way to win a case is to file a Motion to Dismiss and convince the judge that the government has failed to prove its case. Effectively, this is asking the judge to find in favor of the defendant based on the information presented so far. A judge will either grant or deny the motion.
What does the defendant have to prove?
Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt.
Can I sue after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
What is the legal definition of defendant?
What Is a Defendant? A defendant is a person or entity (like a company) that has been sued or accused of a crime. In some civil cases, especially family law cases, the defendant is called the respondent.
Can you go to jail if you are found liable in a civil action?
A business or agency can also file a case in civil court or be sued in civil court. If someone loses a case in civil court, that person may be ordered to pay money to the other side or return property, but that person does not go to jail just for losing the case.