endobj << endobj /Count 1 /6c154319-86bc-4a67-9505-bb09cb859486 39 0 R However, the plaintiff says that she rightfully deserves it. Ask yourself these questions.
>> /Group << /Parent 2 0 R /Contents [36 0 R 37 0 R 38 0 R] /MediaBox [0 0 595 842] Coming from Engineering cum Human Resource Development background, has over 10 years experience in content developmet and management. /Type /Page Imagine a tennis match between two people. /Type /Page /Resources <<
>> The petitioner would be the party in the case who is seeking child support payments from an ex-spouse (respondent) who is either behind on payments or has chosen not to pay altogether.
>>
/a2091b04-6c35-42ea-b137-816d972429e9 59 0 R A plaintiff is a person in a civil lawsuit who claims another person did something wrong.
The plaintiff is the person who has a complaint. /Resources << Typically, when a Plaintiff files a complaint, the Defendant responds by way of an answer either accepting or denying the charges in the complaint or bringing a counter-charge as mentioned above. endobj
Plaintiff and defendant are both legal terms regarding the people involved in a trial, usually a civil trial. >> /Contents [21 0 R 22 0 R 23 0 R] Plaintiff and defendant are most often used equally frequently, since one cannot have a defendant without a plaintiff, and vice versa. /K false /Annots [52 0 R 53 0 R 54 0 R 55 0 R] /Parent 2 0 R Although these words usually appear together, and they both are legal terms, they have opposite meanings. >> Since plaintiff and defendant are both legal terms, it can be confusing to remember the difference between them. >> He faces a maximum of eight years in prison for allegedly trying to help his co-defendant, Daniel Soso, dodge federal income taxes. %���� >> For more information about Brett A Nelson click here. stream Typically, when a Plaintiff initiates an action, he/she lists out the accusations or wrongs committed by the other party. /CS /DeviceRGB Plaintiff is related to the words plaintive and complain. Is it defendant or plaintiff? /Parent 11 0 R In such an instance, the Plaintiff is bringing an issue before the court concerning another person or entity. Should I use plaintiff or defendant?
/Group << They would initiate a formal complaint and ask a judge to intervene. In some instances, the Defendant counters the Plaintiff’s complaint by directing the attention of the court to some act of the Plaintiff, which puts the latter at fault or partially to blame. Plaintiff is a noun that means the person who brings a suit. /Resources <<
With all that being said, the terms plaintiff and defendant are not used consistently across different types of law. With that in mind, let’s take a closer look at the definition of each term to get a better understanding. x^ R R /I false endobj endobj The word plaintiff is related to the adjective plaintive and the verb complain, which can all be traced back to a Latin verb that means to beat one’s chest in lamentation.
If a defendant owes $500.00 or more to a plaintiff, the defendant ¶s name will be submited to the IRS to intercept their tax refund. /K false The plaintiff hoped that the judge would rule in his favor, so that he could win the money he believed that the defendant had wrongfully taken from him.
/Contents [31 0 R 32 0 R 33 0 R] << Grille – What’s the Difference? /CS /DeviceRGB The parties in a civil case are called the plaintiff, who brings the suit, and the defendant, who is being sued. /Pages 2 0 R English used in the context of law is so confusing and full of jargon that it has its own unofficial name: legalese. /XObject << For example, while plaintiff and defendant are terms traditionally used in civil cases such as those involving a personal injury claim, breach of contract, fraud, medical malpractice, or negligence, family law cases such as divorce or child custody refer to the plaintiff and defendant as the petitioner and respondent. In the official court documents, the plaintiff is always listed first vs. the defendant. If the Plaintiff is successful in proving his/her case, then the court issues an order or judgment in favour of the Plaintiff. “The defendant, through his attorney, has agreed to allow us additional time to investigate the matter further by continuing the (court hearing on the question) until next week.” –, The indictment charged Vrdolyak with impeding the IRS and tax evasion. << >> /S /Transparency The Plaintiff is the one bringing the lawsuit and the Defendant is the one being sued and is defending the lawsuit. Glamor or Glamour – What’s the Difference? Home » Defendant vs. In criminal cases, complainant is often used instead of plaintiff or petitioner. >> >> /CS /DeviceRGB /Type /Pages After all, if you find yourself in a court case, it’s a good idea to know which side of the argument you are on.
/K false Indeed, fans of Law and Order or any other legal drama are experts at distinguishing the two terms. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] It is related to the word defend—defendants must defend (or be defended) against accusations of wrongdoing.
Compare the Difference Between Similar Terms.
The defendant stated that he had to keep the apartment’s deposit because of the significant cleaning fees he was forced to pay due to the disgusting condition the plaintiff left the apartment in.
What is the Difference Between Defendant and Plaintiff? /bdde378f-8eb5-4756-b6e3-6a149701f4c3 24 0 R Despite The Horror Stories, Not Paying Child Support Will Catch Up To You, 6 tips for a successful co-parenting relationship.
Defend has been used since Middle English borrowed it from Latin via French. endobj /Group << >>
Claimant. /Count 1 /Contents [44 0 R 45 0 R 46 0 R] 15 0 obj In a criminal action, the Plaintiff is represented by the State.
/I false /XObject << /MediaBox [0 0 612 792] /Type /Pages /MediaBox [0 0 612 792]
Plaintiff vs defendant? /Kids [18 0 R] << In other words, the Defendant is the person being sued for an alleged wrong or charge. endobj
/S /Transparency • A Plaintiff is the person who initiates a legal action against another person. Even many legal professionals advocate for simplifying legal English. The difference between Complainant and Plaintiff. /Type /Page >>
11 0 obj
/Parent 5 0 R
The _______________ must file her claim before next year, before the statute of limitations runs out. –. 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. endobj /Parent 10 0 R I will use each of these terms in an example sentence, so you can see them in context. 5 0 obj In a civil action, the Plaintiff is usually an individual or legal entity such as a corporation or other organization. 3 0 obj 10 0 obj Plaintiff starts with the same letters as end the word complaint: plaint. In legal proceedings, the defendant is the party against whom charges are being brought. /K false
/a4610353-388f-493c-a756-002f2042a682 43 0 R Wiki User. << /Type /Page 2 3 4. << << Fortunately, there is an easy trick to remember plaintiff vs. defendant.
>> If not, they will lose the case. Just like it is the plaintiff’s job to prove their case, defendants must defend themselves against the formal accusations brought against them. endobj /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] << /MediaBox [0 0 612 792] –, Two judges with the Second Circuit Court of Appeals ruled Wednesday that the case shouldn’t go forward in civil court because the plaintiff, a former cadet who says she was raped, is seeking damages. A plaintiff is the person who brings accusations against the defendant. In this post, I will compare defendant vs. plaintiff. Defendant is a noun that means the person, or group, against which a suit or claim is filed. /MediaBox [0 0 612 792] /Fields [] /Title (DOMESTIC RELATIONS SECTION)
/Group <<
8 0 obj Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189 (2d Cir. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /Kids [5 0 R 6 0 R 7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R] /I false 2 0 obj /CS /DeviceRGB However, they have opposite meanings and cannot be interchanged. /K false /Parent 2 0 R /4d276199-c7d2-475b-b120-a761bfe4632b 28 0 R /Group << >> When you are the plaintiff, you are “steering the ship” more than the defendant. Cases involving plaintiffs and defendants usually occur in civil law cases, especially personal injury cases, property damage cases, or cases that involve contracts being broken. Plaintiff vs. /I false
This is no coincidence, since the words are related.
/Parent 9 0 R
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