What is the Difference Between Plaintiff and Defendant

The main difference between plaintiff and defendant is that plaintiff is the party that initiates a lawsuit before a court, whereas the defendant is the party that is being sued.

Plaintiff and defendants are the two principal parties in a court case. These terms are mostly used in civil cases, which include breach of contract, personal injury claims, debt cases, and family law cases.

Key Areas Covered

1. Who is a Plaintiff
– Definition, Features
2. Who is a Defendant
– Definition, Features
3. Difference Between Plaintiff and Defendant
– Comparison of Key Differences

Key Terms

Plaintiff, Defendant

Who is a Plaintiff

Plaintiff is the party that initiates a lawsuit before the court. Here, the word party can refer to an individual, an organization, or a business. In civil cases, a plaintiff is also known as a claimant (i.e., a person that brings a claim against another person). By bringing a lawsuit before the court, the plaintiff seeks a legal remedy for his or her problem. If the plaintiff is justified in his claim, the court will often judge in favor of the plaintiff and make an appropriate court order (for example, an order for damages).

In order to start a lawsuit, a plaintiff must first file a complaint and summons in the proper court. These are two distinctive documents. A complaint is a document that indicates the reason for the lawsuit and describes the wrongdoing of the defendant. Summons, on the other hand, include a copy of the complaint and indicate specific requirements for the other party to respond. Together, we call them pleadings.

Who is a Defendant

In a court case, a defendant is a party against whom the action is brought by the plaintiff. In other words, it is the person or organization that is being accused of committing a crime. A defendant is first served with a petition or complaint by an officer of the court. This will either require the defendant to appear before a court or file a document in response (for example, in a divorce case).

According to the type of case, there are two types of defendants. They are the criminal defendants and civil defendants. Civil defendants are involved in civil cases, which are lawsuits brought by one party against another. Such cases include debt cases and general business lawsuits. Criminal defendants, on the other hand, are accused of committing a crime. Therefore, accused is another term for a defendant in criminal cases. Often, criminal defendants are taken into custody by the police and brought in front of a court under an arrest warrant. They are obliged to post bail before release from custody. But in some serious cases like murder, bail might be refused.

Difference Between Plaintiff and Defendant

Definition

A plaintiff is a party that initiates a lawsuit before the court, while a defendant is a party against whom the action is brought by the plaintiff.

Procedure

A plaintiff initiates a lawsuit before the court against the defendant. But a defendant is first served with a petition or complaint by an officer of the court and is required to appear before a court or file a document in response.

Conclusion

Plaintiff and defendants are the two principal parties in a court case. Plaintiff is the party that initiates a lawsuit before the court. Defendant, on the other hand, is the party against whom the action is brought by the plaintiff. Thus, this is the main difference between plaintiff and defendant.