Wish to use legal terms correctly? Wondering what is a plaintiff and defendant? Well look no further. This article will answer all your legal queries and settle the plaintiff vs. defendant debate once in for all. Read along to find out more.
For someone who isn’t a lawyer or a law student, understanding legal terms can be a difficult task. On one hand you’re stressed about the case and on the other you are expected to know all about the legal world.
It is indeed difficult to get your head around the technical terms but there is no easy way out. The best thing to do under such a scenario is to start researching. In the era of the world wide web, you can get the answer to all your questions in a matter of seconds. Hence, before your case starts, do your homework and take your time to build a good grip on legal terminologies.
Yes, we all wish that your legal team did not have such an apparent aversion to plain English but there’s nothing you can do about that. Start by learning the basic terms and then move on to the technical ones. You can always ask your lawyer for help as well.
To make things easier for you, we have decided to help you start with the most basic and fundamental plaintiff vs. defendant debate. There is a lot of confusion regarding these two terminologies and we want to get it all sorted out for you.
This article will answer all your queries related to the two terms along with helping you gain additional knowledge about the legal world. Now let’s get started.
Importance of learning legal terminologies
Words are the essential tools in the legal world. In the study of law, language has great importance; cases turn on the meaning that judges ascribe to words, and lawyers must use the right words to effectuate the wishes of their clients. It has been said that you will be learning a new language when you study law.
Legal language is used to draft a wide array of law related documents such as licenses, contracts,subpoenas,indictments, briefs, judgments, laws of Parliament, case reports and legal correspondence. It holds high importance in every state as it is used to write the main provisions. Even in our daily lives, we encounter legal terminologies. When one interacts with another through some legal documents such as a contract, will or by-laws, the document is written in the legal language. Hence, it is quite important to have a general understanding of it.
Legal language also holds importance due to the fact that it has become a global phenomenon, especially for legal professionals. Proficiency in legal terms and terminologies is very essential in the profession. In terms of successful employment, it is highly necessary for legal professionals to be acquainted with legal terminologies which are universally applicable while interacting with prospective clients.
In addition, for people who are at trial in court, it is essential that they know what some of the most commonly used terminologies mean. This way, they will not be caught off guard in court. Moreover, it can help build a better understanding between the client and lawyer which is necessary to help build a strong case. If, from the very start, the parties fail to understand each other, the chances of success are slim. Hence, it is important that the client develops a basic understanding of the legal world before going to court.
Plaintiff vs. Defendant
In this part of the article, we will learn what the terms plaintiff and defendant signify in the legal world. This shall help you learn how they are being used and when they can be used.
Who is the plaintiff?
The plaintiff is a person or entity that initiates a lawsuit. This is done by filing a complaint with the clerk of the court against the accused demanding damages, performance and/or court determination of rights. By doing this, the plaintiff seeks a legal remedy for the issue at hand. If the plaintiff is successful, the court is required to issue judgment in his or her favor followed by an appropriate order for damages.
The word plaintiff can be traced to the year 1278. It stems from the Anglo-French word “pleintif” meaning “complaining”. It was identical to “plaintive” at first and receded into legal usage with the -iff spelling in the 15th century.
The term is used in civil cases in almost all English speaking jurisdictions. The exception being Wales, England and Scotland. In Wales and England, after the introduction of civil procedure rules in 1999, the plaintiff is called a “claimant.” Whereas in Scotland, the party filing the lawsuit is called the “pursuer.”
Who is the defendant?
The defendant on the other hand is the person or entity that is being sued or accused of a crime. In family cases and in some civil cases, the defendant is known as the respondent.
Criminal defendant
In case of a criminal trial, a defendant is a person being accused of committing an offense. Criminal defendants are usually in custody of the police and are brought before the court under an arrest warrant. Such defendants are often obliged to post bail before they are released from custody. In case of a serious crime such as murder, bail may be refused.
If more than one person is being accused of the crime, the criminals are referred to as “co-defendant” or “co-conspirator” in the British and common law courts.
In some jurisdictions, vulnerable defendants may be able to get access to services of a non-registered intermediary to help with communication at court.
Civil defendant
In a civil lawsuit, the defendant has carried out a civil offense such as a breach of contract. Defendants in such cases often make their first court appearance voluntarily when summoned Historically, civil defendants could be taken into custody under the writ of caspian ad respondent. However, modern-day civil defendants are usually able to avoid most if not all court appearances when represented by a lawyer.
Other than the above mentioned characteristics of the plaintiff and defendant, the following points are also kept in mind when differentiating between the two:
- In criminal cases, the person charged is still referred to as the defendant. However, the term plaintiff is often replaced by complainant.
- The plaintiff’s name is generally listed first and the defendant’s name comes second. This can help you identify the parties by looking at the case name.
How to remember the difference between the two?
There is an easy way to remember the difference between the two. The word “defendant” has the word “defend” in it. Thus, the defendant must defend him or herself against the accusation. That should help you remember what the term signifies.
On the other hand, the term plaintiff is related to the word complain. When someone is a plaintiff, they complain for an issue to be resolved.
Another way to help you remember this with the help of a real-life example. Let’s consider the recent Johnny Depp vs. Amber Heard case. Johnny Depp was the plaintiff as he accused and sued Amber for defamation and Amber was the defendant as she defended herself against the accusation.
Burden of proof
The key to success of a criminal or a civil trial is meeting the burden of proof. A failure to do so is a common ground of appeal. In this section of the article, you will learn the importance of the burden of proof for the plaintiff.
Definition
The burden of proof is the plaintiff’s responsibility to prove an allegation or a disputed charge. It consists of two components: the burden of persuasion and the burden of production.
The burden of production is the obligation of the plaintiff to present sufficient evidence before the judge and jury. In contrast, the burden of persuasion is the duty to convince the judge and jury of the court to a certain standard such as beyond reasonable doubt. This standard is viewed as a measuring point and is determined using the quality and quantity of the evidence presented.
Meeting the burden of proof means that the party has succeeded in producing compelling evidence to meet the standard defined within the burden of persuasion.
Generally, the plaintiff or the prosecutor has the burden of proving the case. While the defendant usually has the burden of proving any defense.
The trier of fact is a person or a group of people that examine and evaluate the evidence to check if it is relevant to deciding the outcome of the trial or if the party has met the burden of proof or not. In a bench trial or a non jury case, the trier of fact would be the judge. In case of a criminal trial, the trier of fact is almost always the jury. This is the right given to the jury according to the sixth amendment of the constitution.
Since jurors are not legal experts, it is the duty of the judge to explain the burden of proof in jury instructions which are a common source of appeal.
Burden of proof in a civil case
Burden of proof varies according to the type of case that is being tried. A plaintiff’s burden of proof in case of a civil case is known as “preponderance of evidence.” This type of evidence requires the plaintiff to produce evidence that is slightly more and better than the evidence presented by the defense. The percentage can be as follows: 52% plaintiff and 50% defendant.
If the preponderance of evidence is the burden of proof, then the jury must be convinced that it is more likely than not that the defendant is responsible for the plaintiff’s injuries.
This type of evidence is a relatively low standard. Nonetheless, the plaintiff must still be able to produce sufficient and better evidence than the defense. If the evidence presented before the judge and jury is of questionable quality, they can say that the burden of proof has not been met hence, the plaintiff loses the case.
Burden of proof in a criminal prosecution
The plaintiffs’ burden of proof in a criminal case is the most challenging in law. It is beyond a reasonable doubt. Judges have for long struggled to define this type of burden of proof. As the American Chief Justice stated:
“What is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.”
Generally speaking, the prosecutor’s evidence must be able to overcome the defendant’s presumption of innocence. This fulfills the policy of criminal prosecutions which is aimed at punishing the guilty and not the innocent. If there appears to be even the slightest chance that the defendant is innocent, the case most likely lacks credible and convincing evidence and the trier of fact will acquit the defendant.
The requirements for the burden of proof in a criminal persecution vary according to the laws of the state. Different defenses also have different burdens of proof. Some states may require the defendant to meet the burden of production while the prosecution will be required to meet the burden of persuasion.
In other states, the requirement may be vice versa. In such states, the defendants standard is the preponderance of evidence, not beyond a reasonable doubt. If the prosecution does not meet the burden of proof, the defendant is acquitted without having to present any evidence at all.
Inference and presumption
Parties can use the following two tools to help them meet the burden of proof: presumption and inference. Jury instructions may include presumptions and inferences. Both are often instrumental in the success of the case.
An inference can be defined as the conclusion that the jury or judge may make under the circumstances. It is never mandatory but is a choice. For example, if the prosecution succeeds in proving that the defendant was very angry before punching the victim, the judge and jury can infer that the punch was thrown intentionally
On the other hand, the presumption is a conclusion that the jury or judge must make under all circumstances. As mentioned previously, all criminal defendants are presumed innocent. Thus the judge and jury must begin the criminal trial concluding that the defendant is not guilty.
Presumptions can be both rebuttable or irrebuttable. A party may disapprove of a rebuttable presumption. The prosecution has the right to rebut the presumption of innocence using evidence that is beyond a reasonable doubt.
An irrebuttable presumption is irrefutable and thus cannot be disapproved. Under some jurisdictions, it is an irrebuttable presumption that children under the age of seven are not capable of forming criminal intent. Therefore, in such jurisdictions, children under the age of seven cannot be criminally prosecuted.
Types of evidence
There are two primary classifications of evidence: circumstantial evidence and direct evidence.
Circumstantial evidence
Circumstantial evidence is aimed to prove a fact indirectly. A fingerprint is usually considered to be circumstantial evidence. The defendant’s fingerprint at the crime scene directly proves that the defendant was present at the location. It also indirectly proves that since the defendant was at the scene and touched something at the location, he or she has committed the crime.
Criminal cases that rely on circumstantial evidence are difficult for the prosecution because it leaves some room for doubt in the judge and jury’s mind. Nonetheless, circumstantial evidence such as DNA evidence in case of sexual assaults’ can be very reliable and compelling. So the prosecutor can meet the burden of proof using circumstantial evidence only.
Direct evidence
Direct evidence on the other hand directly proves a fact. For example, an eyewitness testimony is considered to be direct evidence. An eyewitness can testify that he or she saw the defendant at the crime scene. This directly proves that the defendant committed a crime. Other examples of direct evidence include a video, photograph or the defendant’s confession.
Criminal cases that rely on direct evidence are much easier to prove because there is little room for any kind of doubt. However, sometimes even direct evidence can be unreliable; it is not necessarily preferred over circumstantial evidence. In case an eye witness is impeached, he or she loses credibility and the testimony loses its value.
Additional terminologies
For your ease, we have devised a list of a few additional terminologies that can be helpful to you in your daily life and while at court. Read along to find out what those terminologies are.
Affidavit
A written or printed statement that is made under oath.
Automatic stay
An injunction that prevents most collection efforts against a debtor from being executed. The automatic stay is effective the moment a bankruptcy petition is filed.
Deposition
An oral statement made before an officer authorized by law to administer oaths. The purpose of these statements is to study potential witnesses, or to be used in trial.
Discharge
When a debtor is released from liability for certain debts. When the debtor receives the discharge, their creditors must stop any and all attempts to collect the debts previously owed by the debtor.
Emancipation
A minor gets emancipated when he or she is released from their legal authority. At the same time, the parents (biological or foster parents) of the emancipated person get released from their obligations towards the minor.
Equity
The value of a debtor’s property, minus any amount still owed on the property.
Exempt assets
Property that a debtor is allowed to retain after filing for bankruptcy. Exempt assets cannot be used to pay any unsecured debt. However, the state where the debtor lives will determine the amount of protected property they could have. Examples of protected or exempt assets are the debtor’s primary residence, and “tools of the trade”.
Grievance
A complaint filed by a person who considers that an attorney or a judge violated their work ethics.
Habeas corpus
A judicial order that forces custody officers to bring a prisoner in front of a court or judge, and to justify the reason why the prisoner is being held in confinement. This latin term literally means “you have the body”, and its purpose is to avoid unjustified arrests and arbitrary detentions.
Indictment
A formal accusation that a person committed a serious crime.
Interpreter
An interpreter is a translator used in court hearings or trials, in order to help a person to translate everything that happens in the proceeding, in case the hearing or trial is held in a language the person does not fully understand.
Lien
Property that serves as a guarantee of payment of a debt. A common example of a lien is a mortgage, which, if not paid, forces the property to go on foreclosure in order to recover the money owed by the debtor.
Oath
To swear to tell the truth in a statement, whether written or oral.
Tools of the trade
Tools or artifacts directly used by a person in their job or profession, in order to make a living. Tools of the trade could be the equipment used by a contractor, or hair styling devices for a hairdresser.
Settlement
Proceeding previous to a trial, in which both parties participating in a lawsuit come to an agreement and solve the dispute.
Subpoena
Order given by a court to a person, to appear and give testimony as a witness.
Statute of limitations
A limited period of time during which legal actions should commence, or a lawsuit must be filed.
Transcript
A written, verbatim record of what was said in a proceeding such as a deposition, trial or hearing.
Wage garnishment
A legal procedure, sometimes ordered by a court, by which a creditor can collect the money owed by a debtor through deducting it from their salary or other income.
Warrant
An official document that authorizes police officers to search premises, perform an arrest or some other action related to the enforcement of their duty.
Conclusion
The legal world is vast and exhilarating. It is in your best interest to learn some fundamental terms before you face trial. Never shy away from learning especially when it comes to the legal language. It will help you in ways you may have never thought of.
