What is the defendant?
Asked by: Nicole Cartwright | Last update: February 19, 2022Score: 4.6/5 (34 votes)
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. Terminology varies from one jurisdiction to another.
What is the role of a defendant?
The person against whom a criminal case is brought. Sometimes referred to as the defendant. The person who generally carries out the judicial function of hearing and determining issues which arise before and after trial in civil cases. Associate Judges do not hear trials.
What is the defendant in law?
law. : a person or group against whom a criminal or civil action is brought : someone who is being sued or accused of committing a crime if the jury finds the defendant not guilty — compare plaintiff. defendant.
What is the difference between a plaintiff and a defendant?
plaintiff, the party who brings a legal action or in whose name it is brought—as opposed to the defendant, the party who is being sued.
What is an example of a defendant?
The definition of a defendant is a person being sued or accused of a crime. An example of a defendant is someone accused of driving under the influence. ... In a criminal trial, the accused; in a civil proceeding, the person or entity against whom a claim is made.
What Is the Difference Between a Plaintiff and a Defendant?
What are the types of defendants?
- Criminal defendant: Criminal defendants are often charged with committing an illegal act. The prosecutor, who represents the state or the city, charges the defendant. ...
- Civil defendant: Civil defendants are defending their actions after being sued in a business or personal situation.
Who is the person who defends the defendant?
Defense attorney or public defender: The lawyer who defends the accused person.
Is defendant and respondent the same?
The difference between these two terms is very subtle, defendant is that person who is being sued by the plaintiff in civil cases and who is been considered as an accused in criminal cases whereas a respondent is the person who responds to an appeal or petition filed against him/her.
Is defendant and offender the same?
As nouns the difference between offender and defendant
is that offender is one who gives or causes offense while defendant is (legal) in civil proceedings, the party responding to the complaint; one who is sued and called upon to make satisfaction for a wrong complained of by another.
What is the role of plaintiff and defendant?
Plaintiff and defendant
The person who brings an action against someone is called the plaintiff, while the person who must defend his or her actions is called the defendant.
What is the plaintiff in law?
In a civil matter, the party who initiates a lawsuit (against the defendant).
What is the difference between accused and defendant?
An accused is a person charged with an indictable offence heard in a higher court; while a defendant is a person charged with a summary offence, heard before a magistrate in the Local Court.
What is another term for defendant?
In this page you can discover 27 synonyms, antonyms, idiomatic expressions, and related words for defendant, like: offender, respondent, tribunal, appellant, prisoner at the bar, prisoner, the accused, party, accuser, complainant and plaintiff.
What is the plaintiff in a court case?
plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
What is an accused person?
The accused is the person that was charged for allegedly committing an offence, such as assault or theft.
Who is a plaintiff respondent?
Parties to the Litigation.
The person who commences civil action is usually called "plaintiff". ... In this case, the parties are called "applicant" and "respondent". In case, the parties are appealing court or administrative board judgment to higher court, the litigants are called "appellant" and "respondent".
Is the victim the defendant?
Victim: an individual who has suffered direct physical, emotional, or economic harm as a result of the commission of a crime. Defendant: the person accused of committing a crime.
Is the defendant the petitioner?
The petitioner is the party who presents a petition to the court. ... This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings.
Who is the accuser in a criminal case?
In a criminal trial, a defendant is a person accused (charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed.
Who's in a criminal court?
Key figures in a courtroom trial are the judge, a court reporter (in superior court), a clerk, and a bailiff. Other central people are the attorneys, the plaintiff, the defendant, witnesses, court interpreters, and jurors.
Who represents the accused in court?
In a criminal case, the accused person is called the defendant. Defendants are represented by an attorney, who may be an attorney from the Federal Public Defender's Office if they can't afford a private attorney. There is a Federal Public Defender for each of the federal districts.
What does getting prosecuted mean?
Prosecute is generally found today in a legal context (“to bring legal action against for redress or punishment of a crime or violation of law”), although the word may also be used to mean “to follow to the end” or “to engage in.” If someone is prosecuted they are being tried in a court of law; if they are persecuted ...
Which side is the defendant?
Typically, the Plaintiff's table is on the right side, and the Defendant's table is on the left side. However, the Plaintiff's side has the right to sit closest to the jury box. Very often, you will see a secured door on one side of the courtroom and see a deputy positioned beside it.
What is another word for plaintiff?
In this page you can discover 19 synonyms, antonyms, idiomatic expressions, and related words for plaintiff, like: accuser, complainant, prosecutor, law, pursuer, claimant, litigant, defendant, testator, mortgagee and tortfeasor.