Court Case Parties and Their Roles

Of all the legal terms that you will hear if you are involved in a criminal case or a civil case, the words “plaintiff” and “defendant” are most often used. These words define the parties to the case.

What Is a Plaintiff?

The person who is the plaintiff in the case is the one who brings the case to court. In a criminal case, this person is often the victim of a crime who is accusing another person of committing that crime. Sometimes the state will take the role of a plaintiff in certain crimes, in which case the person is defending himself or herself against the whole state. In a civil suit, the plaintiff is the person who alleges that they have been damaged by another person’s actions and that they deserve compensation (usually money) for this damage.

The burden of proof is considered to lie with the plaintiff. This is the origin of the phrase “innocent until proven guilty.” The person who brings the case to court must prove that the person they are accusing actually committed the crime beyond any reasonable doubt. The plaintiff is sometimes called the "prosecution" when it is the state bringing forth charges. When you read cases titled “State of Maryland vs. Jones," the plaintiff is listed first in the title and the defendant listed second.

What is a Defendant?

The person who is accused of the crime or wrongdoing is called the "defendant." In a criminal case, the defendant is charged with violating one or more laws and is required to defend against those charges. In a civil case, the defendant is accused of either acting wrongly or failing to act, which leads the plaintiff to seek damages. Another way of understanding the defendant in a civil case is to think of him or her as the person being sued by the other party.

In criminal cases, the defendant is brought before the court by the police or other law enforcement official because he or she has been arrested in relation to a crime which has been committed. In civil cases, the defendant appears in court because he or she has been summoned by the plaintiff or by the court. The defendant in a civil case may also have been arrested, but not always.

What Happens to the Plaintiff and the Defendant During Sentencing?

Once the case is over it is time for the judge or jury to decide what punishment, if any, the defendant will suffer. In civil lawsuits, at this time, the judge or jury may award monetary damages to the plaintiff to be paid by the defendant. Once a judgment is entered it can be appealed by the defendant within a certain period of time. If he or she chooses not to appeal, then the money must be paid to the plaintiff.

In criminal cases, the defendant will sometimes plea bargain or agree to plead guilty to lesser charges in exchange for leniency from the plaintiff and the prosecution.