Defendant — in plain language

Plain language

the person being sued in a civil case, or the person accused of a crime in a criminal case

• person being sued
• accused person
• party against whom legal action is filed

What to watch for

• Non-lawyers often confuse defendant with plaintiff. The defendant is the one being sued or accused, not the one doing the suing or accusing.
• In family law cases like divorce, the defendant may be called a 'respondent' instead. Using 'defendant' in a divorce context when 'respondent' is the correct term can confuse readers.
• The term applies to both civil and criminal cases, but the role is different. In civil cases, the defendant is being sued for money or action; in criminal cases, the defendant is accused of breaking the law.
• Some legal documents use 'defendant' as a heading or label without explaining who that person is. A plain-language translation should always clarify that this is the person the case is against.

Civil vs. Criminal Context. The term "defendant" applies in both civil and criminal cases, but the role is different. In a civil case, the defendant is someone being sued for money damages or specific action. In a criminal case, the defendant is someone accused of violating a law. The plain-language translation should make clear which type of case is involved.

When "Respondent" Is Used Instead. In some types of cases, particularly divorce proceedings, the person being sued is called a "respondent" rather than a "defendant." This is a regional or jurisdictional variation that translators should be aware of.

Common Misunderstandings by Non-Lawyers.

• "The defendant is the one who starts the lawsuit." (No — that's the plaintiff or prosecutor.)
• "Defendant means someone who is definitely guilty." (No — the defendant is presumed innocent until proven guilty in criminal cases.)
• "If someone is called a defendant, they must have done something wrong." (Not necessarily — being a defendant just means legal action has been brought against you.)

Legal definition

The person who is being sued in a civil lawsuit, or the person who is accused of committing a crime in a criminal case. This is the party that the legal action is brought against, and they have the right to respond to the allegations and defend themselves in court.

Meanings by context

family law: the spouse who is being divorced

administrative proceedings: the person or organization facing an official investigation or penalty

Examples

Where you'll see it

• court filings
• pleadings
• criminal complaints
• civil lawsuits
• divorce proceedings

Related terms

• plaintiff
• respondent
• accused
• appellee
• third-party defendant

Word details

Pronunciation

dih-FEN-dihnt

Part of speech

noun

Origin

Anglo-French — from 'defender' — one who defends or denies

Domains

criminal law, civil litigation, family law, administrative law

Frequency

very common

Formality

high