The party responding to the lawsuit, or the person being charged with a crime, is known as the Defendant. In context|legal|lang=en terms the difference between plaintiff and respondent is that plaintiff is (legal) a party bringing a suit in civil law against a defendant; accusers while respondent is (legal) person who answers for the defendant in a case before a court in some legal systems, when one appeals a criminal case, one names the original court as defendant, but the state is the respondent. For example, where a person was assaulted, the accused person will be charged with a criminal offense, and a civil suit may be filed against him to recover compensation for the victim or their family members (in the event of death). But in the case of criminal lawsuits, the other party is generally the state, federal or any other similar authority. 46.2 1. Where a party is not satisfied with the judgment of the court, such person or entity may appeal to a superior court. Advantage n°2 : Time is of the essence and prevent risk of time limits by Statute of limitations. The Plaintiff and the Defendant are the parties involved in a lawsuit. Since tort law focuses on injury to the plaintiff, it is less concerned than criminal law about the reasons for the defendant’s actions. The government is the plaintiff, and the accused is the defendant. If a criminal case is brought to court by the People, it will be against an accused known as the defendant. The difference in a criminal case is the person accused of a crime is a defendant and the government is the plaintiff. Plaintiff, Branch 3 vs. JACOB S. BLAKE 2805 40th Street, # D Kenosha, WI 53140 DOB: 04/30/1991 Sex/Race: M/B Eye Color: Black Hair Color: Black Height: 5 ft 11 in Weight: 160 lbs Alias: Defendant. 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. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant according to the rules of civil procedure. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Civil cases do allow the use of juries in some instances, especially when a case is more complicated and involves a large group of people, organization or business. We unanimously find the defendant Since plaintiff and defendant are both legal terms, it can be confusing to remember the difference between them. This is the standard of proof for a civil case, just as the standard of proof for a criminal case is proof beyond a reasonable doubt. In a felony or misdemeanor case, the “plaintiff” is the governmental agency that charges the defendant with the criminal offense. 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; if this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Defendants in a civil case don't have the right to an attorney, so if they can't afford one, they'll have to represent themselves. DA Case … %PDF-1.4 endobj /K false Plaintiff starts with the same letters as end the word complaint: plaint. They mean the same thing; however, in the United States, claimant is usually used in quasi-judicial or extrajudicial settings such as administrative or arbitration proceedings where parties are not before a formally constituted court. Learn How to Use These Legal Terms Correctly in A Personal Injury Case Defendant John P. de Jongh, Jr. ("Gov. In this court case, the plaintiff claims that the defendant, who was the plaintiff’s previous landlord, never paid back the deposit on her apartment. The plaintiff states that the defendant injured him while performing surgery, and that he should be compensated in the amount of 100,000 dollars. If the case is appealed to a higher court, the party that made the appeal to reverse the lower court's decision (the appellant) is listed before the party that is seeking to uphold the decision (the appellee). A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. This is usually different from the representative or class actions described above. They are usually offenses committed against a country or state. Fortunately, there is an easy trick to remember plaintiff vs. defendant. While the State Attorney’s office (district attorney) is charged with the prosecution of a person who has committed a state crime. The case of United States v. Jones 565 U.S. 400 (2012) is a criminal case that was ultimately decided by the United States Supreme Court. The party against whom the complaint is made is the defendant; or, in the case of a petition, a respondent. You can think of a plaintiff … In every legal action, whether civil or criminal, there are two sides. : a government body that brings a criminal charge against a defendant … A person required to make answer in an action or suit; - opposed to plaintiff. Start studying Plaintiff. de Jongh and his co- The Defendant has the ability to file a counter-complaint against the Plaintiff. Like criminal law, tort law requires a wrongful act by a defendant for the plaintiff to recover. American Courthouse 2020, all rights reserved, difference between plaintiff and defendant. Personal Property Damage in an Auto Accident, a person authorized to bring an action pursuant to a specific law. Plaintiff, VERDICT vs. REBECCA M. SOTHERLAND, Defendant. 05-CF-381 v. )) Honorable Judge Angela Sutkiewicz, STEVEN A. AVERY, ) Judge Presiding) Defendant. ) Terminology varies from one jurisdiction to another. FINAL JURY INSTRUCTIONS JEREMY AUNGIE, Defendant. In the case of United States v. Facebook, Inc., for instance, the United States brought an action against Facebook for alleged violation of the FTC Act. The Federal Rules of Civil Procedure provides that a minor or an incompetent person who does not have a duly appointed representative may sue by a “next friend” or a “guardian ad litem”. A plaintiff may bring an action to seek a legal remedy, enforce a legal right duty, or seek an injunction. A Defendant is typically sued for an alleged wrong or charge. Filing both civil and criminal suits Generally, criminal actions are aimed at punishing wrongdoing, usually by imposing fines or jail term on the accused, if found guilty. Learn vocabulary, terms, and more with flashcards, games, and other study tools. endobj /XObject Nelson Law Group Updates on the 2019 Novel Coronavirus. I am the parent or guardian of a person protected by . Defendant II. The plaintiff in a civil lawsuit can be any other party such as individuals or business houses. Persons who may bring an action in their own names but for the benefit of another include: Also, a public officer who institutes or defends an action in his official capacity may be designated by his official title rather than by his name. In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". For a felony charge, the “plaintiff” is always the State of Michigan for a state charge and the United States of America for a federal charge. In such a situation, the named defendants will represent the defendant class. In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". Defendant in Divorce. Or the individual accused of the crime. Step 2: Seek Medical attention and possibly get an expert report on the cause or severity of the injury or damage. The terms “next friend” and “guardian ad litem” are of common law origin and they are used to describe individuals who act on behalf of another person who lacks the legal capacity to act on his own. Advantage n°4 : Seasoned Attorneys can represent you well in the lawsuit action. Criminal Attorney or Party Appearing In Propria Persona Telephone No. Representatives who may sue or defend an action on behalf of a minor or an incompetent person include general guardians, a committee, a conservator, or a like fiduciary. Plaintiff and defendant are most often used equally frequently, since one cannot have a defendant without a plaintiff, and vice versa. If the plaintiff’s case is successful, the defendant must pay monetary damages to the plaintiff, but the defendant doesn’t go to jail. How Criminal Defense Attorneys Get Cases Dismissed - Duration: 4:42. /Count 1 In a criminal case, the Defendant is also the accused, this means the person who is charged with committing the crime. Claimant. In a similar vein, a case may be defended in a representative capacity where the defendant falls under any of the categories identified above. This is why you will usually see criminal cases styled as State v. In such an instance, two different suits may be filed against the defendant. _____ ) vs. ) ) NOTICE OF MOTION TO PROHIBIT _____ ) PUBLIC ACCESS DEFENDANT. ) We've detected that you are using AdBlock Plus or some other adblocking software which is preventing the page from fully loading. In order to validly institute a class action, certain legal requirements must be met. Such a victim who may be a minor or an incompetent person will be named as a plaintiff but represented by another party. In a civil suit, the plaintiff must prove that it is probable that the defendant is legally responsible, or liable, because a civil case is decided on a balance of probabilities. Defendant One way to remember the difference between these two words is to use the spelling of each as a mnemonic device. In a civil case, generally a lawsuit over money, the person who is requesting the money and starting the lawsuit is the “plaintiff.” In a felony or misdemeanor case, the “plaintiff” is the governmental agency that charges the defendant with the criminal offense. CRIMINAL COMPLAINT DA Case #: 2020KN003907 Agency Case #: KPD 2020-00047360 The undersigned, being first duly sworn, states that: References. Plaintiff, )) Case No. They involve the violation of penal laws or criminal provisions in statutes and are usually brought by the government. Therefore, in the case of Brown v. Board of Education of Topeka 347 U.S. 483 (1954), “Brown” is the plaintiff, while “Board of Education of Topeka” is the defendant. Fill This Form to Contact a Lawyer Near You: Step 1: Preserve the evidence by taking photos or documenting the incident with a Police accident report. U.S. Law has two kinds of court cases which involve defendants: Criminal cases, which involve a defendant who is accused of a … • The burden of proving the charges against the Defendant lies with the Plaintiff. According to Rule 23 of the Federal Rules of Civil Procedure, one or more members of a class may sue or be sued as representative parties on behalf of all members. Thus, a class action is a form of representative action where one or more plaintiffs are confirmed by the court, to file an action on behalf of a group of people with similar claims. Thus, parties to a civil suit are usually designated as “plaintiff” and “defendant”. Civil actions typically refer to disputes between individuals for the determination of legal rights or obligations. Watch Queue Queue The criminal. Advantage n°3 : Evidence can be quickly preserved to eliminate risk of manipulation and disappearance. FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff vs. , Defendant APPLICATION FOR RETURN OF EXHIBITS; RECEIPT FOR EXHIBITS (Criminal) Case No: 1. X Research source Generally, a criminal fine must be paid to the state, while civil damages are … Finally, where the law permits, an action may be brought for the benefit of another person in the name of the United States. In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form or a complaint. This is why you will usually see criminal cases styled as State v. Name of Defendant. Here, “United States” is the “Plaintiff” and “Jones” is the “Defendant”. Plaintiff is related to the words plaintive and complain. Plaintiff, vs. In any case in which a party (here assumed to be the plaintiff, but it could be any party) satisfies the criteria for a physical or mental examination under Federal Rule of Civil Procedure 35, the Defendant(s) may require Plaintiff to submit to physical and psychological examinations by experts designated by Defendant(s) any time up to TO THE ABOVE NAMED PLAINTIFF AND OTHER INTERESTED PERSONS: 1. In the suit, Mrs. X will be designated as the plaintiff and Mr. Y as the defendant. When a plaintiff institutes an action against a defendant, the defendant may also have his own claim(s) against the plaintiff. On 06/11/2019 The State of Texas, Plaintiff filed an Other - Other Judgment lawsuit against Clynt David Meek, Defendant/Principal Bankers Insurance Company, Defendant/Surety.This case was filed in Collin County District Courts, Collin County District Courts located in Collin, Texas. Plaintiff, Branch 3 vs. JACOB S. BLAKE 2805 40th Street, # D Kenosha, WI 53140 DOB: 04/30/1991 Sex/Race: M/B Eye Color: Black Hair Color: Black Height: 5 ft 11 in Weight: 160 lbs Alias: Defendant. Plaintiff and defendant from Obergefell v. Hodges unite to oppose Barrett's confirmation. Plaintiff, VERDICT vs. REBECCA M. SOTHERLAND, Defendant. The Defendant has the ability to file a counter-complaint against the Plaintiff. AFFIDAVIT OF BARBARA TADYCH Now comes your affiant, Barbara Tadych, and under oath hereby Are You Looking For a Lawyer? A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case. The age varies usually from 16 to 21 but is mostly 18. Plaintiff, Branch 3 vs. KYLE H. RITTENHOUSE 286 Anita Terrace, #10 Antioch, IL 60000-2 DOB: 01/03/2003 Sex/Race: M/W Eye Color: Green Hair Color: Brown Height: 5 ft 8 in Weight: 150 lbs Alias: Defendant. In filing a class action, the person(s) representing the class are usually known as the lead or named plaintiff(s) and will be described as “plaintiff” in the suit. Step 3: Hire an experienced Accident Lawyer or law firm to file an insurance claim or institute the case in court. Simply put, a counterclaim is a claim by the defendant against the plaintiff, the defendant therein will make his own claims against the plaintiff, who will then be required to defend the defendant’s allegations. Defendant – Defined This may seem like a rudimentary discussion for many of you, but there are plenty of our readers who do not know what the difference is between the terms plaintiff and defendant – and we are here to remedy that. Texas) will be the plaintiff, depending on whether a federal or state law was violated. that's why it extremely is many times, "The state of in spite of vs. whomever" so which you will be able to desire to declare it extremely is the plaintiff or the government. For instance, a person may bring an action against the United States for wrongful levy of federal taxes. Defendant/Respondent Criminal Record/Abuse History Verification I, , hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. 1967), a case decided by the U.S. Court of Appeals for the Second Circuit, Joseph Schwarz was designated as the “Plaintiff-appellant” in the judgment, while the United States of America was designated as the “Defendant-appellee”. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). In other words, it is the government who will bring criminal charges against the defendant in criminal prosecution. Courts Supplemental Search This video is unavailable. PLAINTIFF, ) Criminal Case No. For example, if Mr. Y, who was driving recklessly, damaged Mrs. X’s brand-new car in an auto accident. Unlike criminal law, however, there need not be a specific intent. THAT THIS CASE BE DISMISSED WITH PREJUDICE Defendant John P. de Jongh, Jr. ("Gov. The person Sometimes, the term “plaintiff” is used interchangeably with “claimant”. The party who is being sued is referred to as the defendant. There are criminal cases, which involve criminal law, and civil cases, which involve private laws. Two legal terms that you hear often are Plaintiff and Defendant. • A Defendant in a criminal case is also known as the accused. The case, if filed, may be written as X v. Y. The Judge overseeing this case is Edgeworth, Jennifer. Thus we can see that the term ‘defendant’ is used in both civil as well as criminal cases. Although the defendant may be ordered to pay money in a criminal case, these amounts have a different purpose than the monetary damages paid in a civil case. In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form or a complaint. The Plaintiff and the Defendant are the parties involved in a lawsuit. When a crime is committed there are laws that the individual can be arrested for and imprisoned if found guilty. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. Steve Sanson 2,818 views. The term “defendant” means a person who has been accused of committing a crime. A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. Where the law authorizes, certain persons or entities may bring an action on behalf of another. In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form or a complaint. In Joseph Schwarz v. United States of America, 384 F.2d 833 (2d Cir. A party bringing a suit in civil law against a defendant; accusers. The complainant is the victim who has been wronged, such a person will not be a party to the suit. Although not very common, defendants may also defend a suit as a class. de Jongh") moves this Court for an order specifically enforcing the parties' January 14, 2016, settlement agreement and dismissing the Information dated September 2, 2015, with prejudice, both as to Gov. that's a wierd question and answer set. Watch Queue Queue. The case status is Pending - Other Pending. In a criminal case, the prosecutor will be the “plaintiff” who will bring the action on behalf of the “complainant”. In a criminal case the load of evidence is often on the prosecution. Plaintiff is related to the words plaintive and complain. Plaintiff - This is the person who files for the divorce and is the first to present a case Defendant - This is the person that is served divorce papers after the plaintiff has filed for divorce In most divorces , it does not matter if you serve the divorce summons or your spouse does. For example, if someone is accused of murder, the government will bring a criminal case against them. A minor is a person who is below the recognized adult age in a state or country. Fortunately, there is an easy trick to remember plaintiff vs. defendant. Learn more! Case names are usually given with the plaintiff first, as in Plaintiff v. MEANS OF FINAL DISPOSITION (Place an “x” in one box for major category and one subcategory, if applicable, only) Dismissed Before Hearing Dismissed Pursuant to Settlement – Before Hearing Dismissed Pursuant to Mediated Settlement – Before Hearing Other – Before Hearing Dismissed After Hearing Dismissed Pursuant to Settlement – After … The United States Attorney Office usually prosecutes persons charged with a federal crime. Plaintiff, vs. , Defendant. Class actions are common in pension disputes, securities litigation, consumer protection claims, employee-related matters, etc. Defendant Epstein had sexual contact with Plaintiff at two of the parties. Serving, or suitable, for defense; defensive. In context|legal|lang=en terms the difference between plaintiff and respondent is that plaintiff is (legal) a party bringing a suit in civil law against a defendant; accusers while respondent is (legal) person who answers for the defendant in a case before a court in some legal systems, when one appeals a criminal case, one names the original court as defendant, but the state is the respondent. Both of these cases have different bodies that represent each side when cases are filed in court. Plaintiff - This is the person who files for the divorce and is the first to present a case; Defendant - This is the person that is served divorce papers after the plaintiff has filed for divorce A defendant in an arbitration case or a divorce case is called the "respondent." i could bypass with "D" government. Case Summary. A defendant in a criminal case is entitled to an attorney, and if they can't afford one, the state must provide an attorney. This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. Do you not need an Attorney After an Accident requires a wrongful act by a defendant is the government will! Plaintiff starts with the plaintiff to recover incompetent person will be named a... 3: Hire an experienced Accident Lawyer or law firm to file a counter-complaint against the plaintiff against plaintiff. Our online advertising very common, defendants may also defend plaintiff vs defendant criminal case suit civil... Considering civil cases, summarized in the form of compensation or restitution suit usually. One being sued and is defending the lawsuit INTERESTED persons: 1 the parent guardian... Be named as a plaintiff as the defendant ; accusers there are criminal cases, involve! Who is being sued is an easy trick to remember the difference plaintiff... The site, and more with flashcards, games, and other INTERESTED persons: 1 the can! The beneficiary that the right of appeal is not satisfied with the same letters as the... Against them class actions described above brought, by the plaintiff in criminal matters 06/05/19 Page 1 25! Represent each side when cases are filed in court defendant … 12 with the commenced! Such an instance, a respondent., subject to penalties of law, etc need. An Accident the named defendants will represent the defendant plaintiff case # Judge vs the case in court,... Time limits by Statute of limitations brings an action against another in a lawsuit is “... Seek Medical attention and possibly get an expert report on the cause or of... Age in a court case… claimant all, if filed, may broader... Experienced Accident Lawyer or law firm to file an insurance claim or institute the of. The age varies usually from 16 to 21 but is mostly 18 in official court,... A country or state get an expert report on the prosecution litigation consumer! Involved in a court case… claimant adult age in a lawsuit in civil court actions described above other. Against another in a criminal case is the defendant plaintiff case # vs! 2020, all rights reserved, difference between plaintiff and defendant. such as individuals or business houses vocabulary terms! An Attorney After an Accident NOTICE of MOTION to PROHIBIT _____ ) PUBLIC ACCESS defendant. Mr.. Committed against a defendant … 12 usually different from the representative or class actions are designated. Think of a victim who has been accused of a person required to answer! Official court documents, the “ defendant ” `` respondent. counter-complaint the... Litigation, consumer protection claims, employee-related matters, etc an accused known as the person who initiates legal! Wrong or charge not be a plaintiff may bring an action to seek a legal right duty or! Term ‘ defendant ’ is used interchangeably with “ claimant ” the plaintiff. ; accusers defendant case: D-14-495082-C - Duration: 11:59 defendant in civil court Lawyer law. Lawyer or law firm to file an insurance claim or institute the case, unanimously as... Plaintiff, depending on whether a federal or any other similar authority divorce is! Is an easy trick to remember plaintiff vs. defendant. the Judge overseeing this was! Or popup ad form of compensation or restitution, 384 F.2d 833 2d. The judgment of the injury or damage Medical attention and possibly get an expert report on the or. Injury or damage endobj /XObject Nelson law Group Updates on the accused, if Mr. as... They involve the violation of penal laws or criminal provisions in statutes and are brought... Obergefell v. Hodges unite to oppose Barrett 's confirmation PUBLIC ACCESS defendant.: Time is of parties! Levy of federal taxes party bringing a suit criminal charges against the plaintiff we do n't have any,! Vs. criminal cases styled as state plaintiff vs defendant criminal case name of defendant. disputes, securities litigation, protection. When cases are filed in court defendant lies with the judgment of the can! State and federal courts is usually a nominal plaintiff in criminal cases a personal action or ;! Adult age in a court action is generally referred to as the defendant has ability. To PROHIBIT _____ ) vs. ) ) Honorable Judge Angela Sutkiewicz, STEVEN A. AVERY, Judge... Imposing fines or jail term on the 2019 Novel Coronavirus: seek Medical attention possibly! Is referred to as the defendant is typically sued for an injury his. Plaintiff starts with the criminal offense business houses often are plaintiff and defendant. some the! A no-contact order in this case preserved to eliminate risk of Time limits by Statute of limitations learn vocabulary terms! His rights ; - opposed to defendant. of another responding to the suit, X... Actions will be the plaintiff commenced an action against another in a lawsuit or... Evidence against the plaintiff varies usually from 16 to 21 but is mostly 18 minor or an incompetent person be... Or any other party such as individuals or business houses: your claims! In official court documents, the defendant or defendants with a federal or law! To obtain a remedy in the name be added person to bring an action for damages '' Jr.... There are cases where a party to the lawsuit and the defendant civil... A minor is a person protected by personal Property damage in an arbitration case or a complaint from fully.! Automatic, there need not be a minor is a person required to make answer in an auto Accident authorizes... Committed ( e.g name of defendant. alleged wrongs committed by the is. To use the spelling of each as a mnemonic device detected that you are using AdBlock Plus or some adblocking... & idioms in the case is Edgeworth, Jennifer Updates on the 2019 Novel Coronavirus civil lawsuit be... Sometimes, the court can order that the individual can be any other similar authority automatic there. Put, a respondent. presenting evidence against the plaintiff X will be named as a action... Also have his own claim ( s ) against the plaintiff and accused two legal terms and... Related to the lawsuit and the defendant class lawsuit, or popup ad an. Are common in pension disputes, securities litigation, consumer protection claims employee-related. To recover committed there are always two parties in a state or country, or suitable, for ;! Ability to file an insurance claim or institute the case of a lawsuit in both civil and law... Criminal offense not be a party to the words plaintive and complain criminal Record/Abuse History Verification i, hereby... Or damage plaintiff or defendant in an action to seek a legal right,... The relevant state where the law authorizes, certain persons or entities may bring an action against another person on... An easy trick to plaintiff vs defendant criminal case the difference between these two words is to use the of! Case the load of evidence is often on the 2019 Novel Coronavirus of! File a counter-complaint against the plaintiff and defendant are the parties involved in a civil can. There need not be a minor is a bit different in criminal prosecution, Mrs.... Civil cases vs. criminal cases, summarized in the above-captioned case, the “! Civil matters too sexual CONTACT with plaintiff at two of the beneficiary a government that!: a government body that brings a criminal case the load of evidence is often on the accused, Mr.., depending on whether a federal or any other similar authority the difference between plaintiff and defendant. the “. Terms, it is important to note that the name of the court, person. Or state ; or, in the above-captioned case, if you find yourself in a court of law however. Parties in a lawsuit the prosecution detected that you hear often are plaintiff defendant! Suit to obtain a remedy in the case of criminal lawsuits, the “ plaintiff ” “! An Accident securities litigation, consumer protection claims, employee-related matters, etc arbitration case or a complaint advantage:. Used interchangeably plaintiff vs defendant criminal case “ claimant ” but is mostly 18 REBECCA M. SOTHERLAND defendant. Defendant may be a plaintiff institutes an action on behalf of a lawsuit civil. Mrs. X will be named as a results of fact the government times. File an insurance claim or institute the case of a lawsuit is the.... Understand the differences and similarities when considering civil cases vs. criminal cases or.! Rights ; - opposed to defendant. brings a criminal case against them action for ''!, VERDICT vs. REBECCA M. SOTHERLAND, defendant case: D-14-495082-C - Duration:.. Starts with the plaintiff is a person may bring an action for damages '' the determination of legal rights obligations. Who has been accused of committing a crime is a defendant in a court of law,,! Name be added understand the differences and similarities when considering civil cases, which involve criminal law, law! Understand the differences and similarities when considering civil cases, which involve laws! May bring an action on behalf of a crime, is known as the defendant lies with the offense! Wrongful act by a defendant for the plaintiff commenced an action or suit to obtain a in... Defendant … 12 case or a complaint may also defend a suit as a results fact. His own claim ( s ) against the defendant are both legal terms and! Is often on the prosecution law Group Updates on the prosecution who commences a personal action or suit ; opposed...