One question that people tend to ask is how to identify between two somewhat similar legal terms, especially the difference between a plaintiff and a defendant.
Most of the time attorneys are made fun of when it comes to their obvious lack of use of plain, everyday English. Some people go so far as to say that lawyers speak a whole different language. Did you know that this scholarly and technical language with its terms and jargons actually has a name. It is called “legalese”.
You do not have to worry if you do not understand legalese. You are part of a large group of talented writers who feel the same way. Not only that, many representatives of the judicial system have also voiced their concerns to simplify the English language used in courts.
The Harvard Business Review is a big name among those who have spoken in favour of the abolishment of legalese. However, regardless of whether this legal language will remain in use or not, there are two basic legal terms that you need to know of, including what they mean and how they work. These two words, as mentioned before in the article are plaintiff and defendant.
What Is The Meaning Of Plaintiff And Defendant
Definition Of Plaintiff
Plaintiff is a noun and it refers to the person who brings in a lawsuit. In simpler words, it is the individual who has blamed another party of some wrongdoing in a court of law. It is the plaintiff who files a petition or a motion that is then to be carried out in court. Nowadays, in civil law cases, a plaintiff is often called a claimant which points to someone who is bringing a claim against another individual.
Definition Of Defendant
On the other hand, while defendant is also a noun in the English language, the word actually refers to a person, or a group, against whom a petition is filed. In simpler words, a defendant is the other individual in a lawsuit – a person who is accused by the plaintiff. In civil law cases, the defendant is also referred to as the respondent, which points towards someone who responds to the lawsuit. The defendant is the person being sued
Plaintiff And Defendant In Criminal Cases
In a criminal case, the person accused or suspected of a crime is known as the ‘defendant’ and is typically taxed with an indictment or information The former is a formal complaint filed for serious crimes and offenses, while the latter is filed for general violation. If the accused party (defendant) has committed a federal crime, then the U.S. government becomes the plaintiff (representing the people of the United States) and the case is prosecuted through a District Attorney.
The victim is not responsible to bring the case to the court. For example, if a kidnapping case has been filed, it is the government’s responsibility to indict the kidnapper. However, it is important to keep in mind that not all criminal cases have a particular victim. For instance, the law permits the government to arrest and prosecute individuals that have broken traffic laws, like driving when drunk or under the influence of any drug. Since such an act can cause harm to others, it is considered to be a serious violation of law.
When the court concludes that the defendant is guilty of committing the crime he/she was accused of, that person receives a sentence. It could be some kind of financial penalty such as paying a fine or compensation for the victim, imprisonment, or supervision by a U.S. probation officer in case of a federal crime when the defendant is out in society. In some cases, the sentence involves a blend of these three punishments.
Plaintiff And Defendant In Civil Cases
A civil case starts when the plaintiff files a lawsuit against the defendant on the basis of the fact that the latter was unsuccessful in accomplishing a legal duty that he/she owed to the plaintiff. The plaintiff and the defendant are called “parties” or “litigants.” The plaintiff can request the court to ask the defendant to complete the particular task that was promised to the plaintiff, or to provide them with some sort of rectification for the loss. In some cases (depending on the severity of the situation), the plaintiff may ask for both.
Civil lawsuits occur not only in state courts, but also in federal courts. For example, a citizen or an organization filing a case against another party for breach of contract. Let us look at another example. If a lumberyard signs a contract with a carpenter to sell a certain amount of wood, but does not end up doing so which causes the carpenter to get the wood from somewhere else at a more expensive rate, then the carpenter can sue the lumberyard and ask him for compensation by paying the extra costs also known as damages.
Furthermore, individual citizens, large organizations, as well as the federal government can file civil lawsuits in federal court by stating that some federal laws or constitutional rights have been breached. The federal government (plaintiff) can sue a hospital for unnecessary extra charges, which is against the federal law. On the other hand, a citizen can sue its local police department if they think that their constitutional rights have been disregarded such as in cases where peaceful assemblies and protests are infringed by the police.
Plaintiff And Defendant In Divorce Cases
In a divorce case, the plaintiff is the individual who starts the court case and the main court proceedings begin when he/she files a formal complaint at the courthouse. The defendant is the other spouse, who may answer the petition in a matter of 28 days. The case is contested only when the defendant files an answer. In such a situation, both the parties along with their lawyers have a meeting with the judge where they decide whether or not their case can be resolved. If an agreement is reached, the affairs can be finalized; however, if no middle ground is reached, then a trial time is scheduled.
During trial, the plaintiff is first asked to raise his or her case, which includes the basis for the separation, financial information, property and plans regarding the upbringing of the children. The defendant is also given a chance to present any required proofs to discuss and even counter the plaintiff’s evidence. As soon as all the evidence is laid before the judge, both parties may even submit an oral or a written claim with sound reasoning as to why they have requested for a divorce and why it is the suitable thing to do given their situation. The court gauges all of these elements and then gives the final order.
On the other hand, an uncontested case is where the defendant chooses not to file an answer. If anything of the sort happens, a date is arranged for final hearing approximately four months after the complaint is filed. The defendant is notified but cannot argue the grounds for the divorce. However, he/she does have the right to give any important or necessary data regarding the allocation of parental rights and responsibilities, child support, property division and spousal support. Any significant issues are to be discussed during trial before the judge.
Difference Between Plaintiff And Defendant
It can often get confusing when trying to differentiate between plaintiff and defendant since both of these words are legal terms. Luckily, there is an easy way to remember the difference between plaintiff and defendant.
- Plaintiff is derived from the words ‘plaintive’ and ‘complain’. Therefore, a plaintiff can be seen as an individual who files a complaint in court.
- Defendant is derived from the word ‘defend’. Therefore, a defendant can be seen as someone who has to defend themselves against the petitions put forth by the plaintiff.
Remembering the origin of these legal words and thinking of them as a mnemonic device, can help a lot if you never want to mix up between the two words again.
Conclusion
The plaintiff, In both civil and criminal cases carries the burden of proof. It is the plaintiff’s job to present the court with enough proof that supports their case against a set standard. The question arises as to whether a defendant is obliged to show proof or not? The defendant can present evidence in the court on their own behalf, however, they are not obliged to do so. This is because it is the plaintiff who initially files the petition and brings the lawsuit to court, therefore he or she needs to prove why the lawsuit should be heard in court. Moreover, the plaintiff also needs to provide proof in favour of the validity of their statements.
