Plain-English Definition
The party who is being sued or charged. In a civil case, the person the complaint is filed against. In a criminal case, the person accused of a crime.
Legal Meaning
The party against whom a civil claim or criminal charge is brought. In civil cases, the defendant must respond to the complaint. In criminal cases, the defendant is presumed innocent until proven guilty.
Etymology Review
From Latin defendere, meaning “to ward off, protect, or defend.” A defendant is the person responding to or defending against a claim.
Do Not Confuse With
- Plaintiff
- Respondent
Misuse Warning
Being called a 'defendant' does not mean you are guilty or wrong. It means someone has made a claim against you, and you have the right to respond and defend yourself.
Boundary Note
Lexicon provides general legal and procedural information for educational purposes. It does not provide legal advice, legal representation, legal interpretation for a specific case, strategy, document preparation, or professional judgment. Meanings can vary by jurisdiction, facts, and procedural posture.