Defendant vs. Plaintiff — What's the Difference?
By Fiza Rafique & Urooj Arif — Updated on April 29, 2024
A defendant is a person accused in a legal case, whereas a plaintiff is the one who initiates the lawsuit.
Difference Between Defendant and Plaintiff
Table of Contents
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Key Differences
In legal proceedings, the defendant is the party being sued or accused of a wrongdoing, while the plaintiff is the party who files the lawsuit, alleging harm or a violation of rights.
The defendant responds to the claims made by the plaintiff, defending against the accusations, whereas the plaintiff bears the burden of proof, needing to establish the validity of their claims.
Defendants can be involved in both criminal and civil cases, defending against charges or claims respectively; on the other hand, plaintiffs are typically seen in civil cases, seeking remedies for grievances.
A defendant’s role is reactive, often involving contesting the plaintiff's allegations or negotiating settlements, while the plaintiff’s role is proactive, involving the initiation of legal action and presentation of the case.
The outcome for a defendant could range from dismissal of the case to a verdict of liability or guilt; in contrast, for a plaintiff, the outcome could be favorable (e.g., receiving damages) or unfavorable (e.g., case dismissed).
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Comparison Chart
Role in Court
Accused or sued party
Initiating or suing party
Burden of Proof
Generally none, must defend against plaintiff’s claims
Must prove the claims against the defendant
Type of Legal Cases
Appears in both criminal and civil cases
Typically appears in civil cases
Action in Lawsuit
Defensive, responds to the lawsuit
Proactive, files the lawsuit and presents the case
Potential Outcomes
Dismissal, liability, or guilt
Award of damages, injunction, or case dismissal
Compare with Definitions
Defendant
Often seeks to prove innocence or reduce liability.
The defendant negotiated a settlement to avoid a trial.
Plaintiff
Seeks legal remedy for a grievance.
The plaintiff sought damages for negligence.
Defendant
Defends against the plaintiff's case.
The defendant’s lawyer argued that the evidence was inconclusive.
Plaintiff
A person who brings a case against another in a court of law.
The plaintiff sued for breach of contract.
Defendant
Responds to allegations in a lawsuit.
The defendant filed a counterclaim.
Plaintiff
Bears the burden of proving the case.
The plaintiff presented compelling evidence to support the claim.
Defendant
Can be involved in criminal or civil cases.
The defendant faced a civil lawsuit for damages.
Plaintiff
Aims to receive compensation, enforcement, or satisfaction of rights.
The plaintiff was awarded a significant settlement.
Defendant
A party accused of wrongdoing in a legal case.
The defendant was acquitted of all charges.
Plaintiff
Initiates legal proceedings.
The plaintiff filed the lawsuit early this year.
Defendant
In court proceedings, a defendant is a person 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.
Plaintiff
A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy.
Defendant
The party against which an action is brought.
Plaintiff
A person who brings a case against another in a court of law
The plaintiff commenced an action for damages
Defendant
Serving, or suitable, for defense; defensive, defending.
Plaintiff
The party that institutes a suit in a court.
Defendant
(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.
Plaintiff
A party bringing a suit in civil law against a defendant; accuser.
Defendant
(legal) In criminal proceedings, the accused.
Plaintiff
One who commences a personal action or suit to obtain a remedy for an injury to his rights; - opposed to defendant.
Defendant
Serving, or suitable, for defense; defensive.
With men of courage and with means defendant.
Plaintiff
See Plaintive.
Defendant
Making defense.
Plaintiff
A person who brings an action in a court of law
Defendant
One who defends; a defender.
The rampiers and ditches which the defendants had cast up.
Defendant
A person required to make answer in an action or suit; - opposed to plaintiff.
Defendant
A person or institution against whom an action is brought in a court of law; the person being sued or accused
Common Curiosities
Can a defendant become a plaintiff?
Yes, if a defendant counter-sues, they become a plaintiff in the counterclaim.
What types of cases involve defendants?
Both criminal and civil cases involve defendants.
How does a defendant defend themselves in court?
By challenging the plaintiff’s evidence, presenting counter-evidence, or legal arguments.
What motivates someone to become a plaintiff?
Usually, a grievance or harm that they seek to remedy through legal action.
Who has the burden of proof in a legal case?
The plaintiff has the burden of proof in civil cases.
What does it mean for a plaintiff to win a case?
It means the court has found in favor of the plaintiff's claims, possibly awarding damages or other remedies.
What is required of a plaintiff in a lawsuit?
The plaintiff must prove their allegations to obtain the desired legal remedy.
What is the difference between a defendant and a plaintiff?
The plaintiff initiates the lawsuit, while the defendant responds to the lawsuit.
What are the possible outcomes for a defendant?
Outcomes can include being found not guilty, liable, or reaching a settlement.
Can plaintiffs appeal if they lose their case?
Yes, plaintiffs can appeal to a higher court if they believe the trial was flawed.
What rights do defendants have in court?
Defendants have the right to a fair trial, to legal representation, and to present their case.
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Written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Co-written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
