Difference Between Plaintiff and Defendant

Last Updated : Sep 4, 2022 / By Sandeep Bhandari / Fact Checked / 3 mins

The person or a party who files a case against another person or party in the court of law enforcement is known as the plaintiff.

The person or a party that is accused or against whom the case is filed in the court of law enforcement is known as “Defendant”. The diction of the term differs from one jurisdiction to another.

Comparison Table Between Plaintiff and Defendant

Parameters of Comparison	Plaintiff	Defendant
Meaning/ Definition	The person or a party who files a case against another person or party in the court of law enforcement is known as the plaintiff.	The person or a party that is accused or against whom the case is filed in the court of law enforcement is known as “Defendant”.
Procedure	The plaintiff files a case against the defendant in the court of law enforcement.	The defendant is accused of a crime, and a case is filed against the defendant in the court of law enforcement.
First Use	14th century	In the 14th century, as a noun as well as an adjective.
Synonyms	Complainant, prosecutor, suer, accuser, suitor, pleader, petitioner.	Litigant, offender, suspect, prisoner, accused, arrestee, detainee, lawbreaker, criminal, perpetrator, wrongdoer, misdoer.
Antonyms	Defendant, accused, arrestee, detainee, criminal, perpetrator, lawbreaker, felon, convict.	Gangbuster, lawman, plaintiff, accuser, suitor, pleader, prosecutor.

What is Plaintiff?

The person or a party who files a case against another person or party in the court of law enforcement is known as the plaintiff.

However, the roots of the word “plaintiff” can be found in the year 1278. It was derived from an Anglo-French word called “plaintiff”.

The term “Plaintiff” has been in use in several English-speaking jurisdictions. However, in England and Wales, the term is known as “claimant”, which also has multiple meanings and definitions.

Several synonyms and near-synonyms of the term “Plaintiff” include complainant, prosecutor, suer, accuser, suitor, pleader, petitioner, pleader, indicter, confronter, claimer, challenger, applicant, litigator, beseecher, pursuer, solicitor etc.

What is Defendant?

The person or a party that is accused or against whom the case is filed in the court of law enforcement is known as “Defendant”.

The defendants are brought under police custody, and only after that they are put in front of the court of law under an arrest warrant.

In various parts of the world, the term has different meanings, definitions, and usage, as well as a matter of fact. In Scots law, during the criminal proceedings, the terms like “accused” and “panel” are majorly used.

Several synonyms to the term “Defendant” include litigant, offender, suspect, prisoner, accused, arrestee, detainee, lawbreaker, criminal, perpetrator, wrongdoer, misdoer etc.

Main Differences Between Plaintiff and Defendant

1. The synonyms for the term “plaintiff” include prosecutor, suer, accuser, suitors etc., on the other hand, the synonyms for the term “defendant” include accused, arrestee, detainee, criminal, perpetrator etc.
2. The antonyms for the term “plaintiff” include accused, defendant, arrestee, detainee, criminal, perpetrator, lawbreakers etc.,

Conclusion

Both terms are widely used in the court of law enforcement and other procedures as well. People use these terms for better understanding and to convey an appropriate explanation during various times.

Terminologies of various words provide a compact amount of study material that proves to be useful in many ways. It helps people in conveying their message in a precise manner without causing any confusion.

References

1. https://www.journals.uchicago.edu/doi/abs/10.1086/467986
2. https://psycnet.apa.org/record/1988-07436-001