Who is defendant in court

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In criminal matters accused individuals may be represented by a defence lawyer. In a civil case each party may have their own lawyer. Lawyers present evidence to the court to help their client tell their side of the situation. A person charged with a crime is known as the accused or the defendant. They may have a lawyer to present their side of the case to the judge or jury. If it is not a criminal court case, the person who alleges that something wrong has been done is usually called the Plaintiff.

The person accused of having done wrong is usually called the Defendant. In family law cases, dealing with things like divorce, custody or financial support, the person who starts the case is called the Petitioner. The other party is called the Respondent. Justices of the Peace are Saskatchewan justice officials who do things like issuing arrest or search warrants.

Sometimes, at an early stage of a criminal court case, an accused person appears before a Justice of the Peace instead of a judge.

However, Justices of the Peace do not conduct criminal trials or sentence people. The judge oversees the trial to ensure everyone is treated fairly and has a chance to tell their side of the story. The judge decides how the law applies to the case being tried. In some cases there will be a jury as well as a judge. In this example, John is the plaintiff and Linda is the defendant. Because the plaintiff files the lawsuit, the plaintiff is responsible for drafting the complaint.

A copy of the complaint is served to the defendant and the defendant is required to file an answer. How can you distinguish the plaintiff from the defendant just by looking at a complaint or hearing a case name?

The plaintiff is generally named first in the case caption and the defendant is named second. So, how are you supposed to remember which party is the plaintiff and which is the defendant? One of the critical differences between a plaintiff and defendant in a civil case is that the plaintiff is generally charged with the burden of proving the allegations.

There are a couple of common situations where the parties involved in a civil lawsuit are referred to something other than plaintiff and defendant. Read more about how to choose the right lawyer for your case. Learn how to get ahead in your studies and the career field, as well be a guest contributor to our blog and apply for one of our scholarships. Dramatic increase in web traffic Genuine competitive advantage Guaranteed territory protection.

Home Personal Injury Law Plaintiff vs. Defendant — Learn the Difference.