Plaintiff vs Defendant: Difference and Comparison

There exist several terms that have different meanings in various areas. These terms help us to understand more about the specified notion.

It also entails several procedures and the people that are involved in these procedures. However, the two primary terms that are used are 1. Plaintiff and 2. Defendant.

Key Takeaways

1. A plaintiff is a person who initiates legal action or files a lawsuit, while a defendant is a person against whom the legal action is brought or who is being sued.
2. Plaintiff is responsible for proving their case and presenting evidence, while the defendant can either refute the plaintiff’s claims or present their evidence to defend themselves.
3. Plaintiff is also responsible for initiating the legal proceedings and paying the associated costs, while the defendant only incurs costs if they lose the case.

Plaintiff vs Defendant

Plaintiff is the person or party who initiates a lawsuit or a legal action against a third part, seeking legal redress for a perceived injury. Defendant is the person or party against whom a legal action or lawsuit has been filed. The defendant is required to respond to the plaintiff’s claims.

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 the “Defendant.” The diction of the term differs from one jurisdiction to another.

Comparison Table

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 the “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 criminal proceedings, the terms like “accused” and “panel” are majorly used.

Several synonyms for 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.

References

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