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Defendant
 
 
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A defendant or defender (?
Delta (letter)

Delta is the fourth letter of the Greek alphabet. In the system of Greek numerals it has a value of 4. It was derived from the Phoenician alphabet Dalet , but in the Ancient Greek language, it represented a voiced dental plosive ....
 in legal shorthand) is any party who is required to answer the complaint
Complaint

In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, etc. In legal terminology, a complaint is a formal legal document that sets out the basic facts and legal reasons that the filing party believes are sufficient to support a claim against another person, persons, entity...
 of a plaintiff
Plaintiff

A plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order ....
 or pursuer
Pursuer

A pursuer in Scotland is the party who initiates a lawsuit before a Courts of Scotland. The term is the same in civil and criminal proceedings. The pursuer is seeking a legal remedy, and if successful, the court will issue judgment in favour of the pursuer and make the appropriate court order ...
 in a civil lawsuit
Lawsuit

In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
 before a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
, or any party who has been formally charged
Indictment

In the common law legal system, an indictment is a formal accusation that a person has committed a criminal offense. In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offenc...
 or accused of violating a criminal
Crime

Societies define Crime as the breach of one or more rules or laws for which some Government or force may ultimately prescribe a punishment.The word crime originates from the Latin crimen , from the Latin root cerno and Greek ????? = "I judge"....
 statute
Statute

A statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy....
. They may waive the jury if they so choose.

A defendant in a civil action usually makes his or her first court appearance voluntarily in response to a summons, whereas a defendant in a criminal case is often taken into custody by police and brought before a court, pursuant to an arrest warrant.






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A defendant or defender (?
Delta (letter)

Delta is the fourth letter of the Greek alphabet. In the system of Greek numerals it has a value of 4. It was derived from the Phoenician alphabet Dalet , but in the Ancient Greek language, it represented a voiced dental plosive ....
 in legal shorthand) is any party who is required to answer the complaint
Complaint

In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, etc. In legal terminology, a complaint is a formal legal document that sets out the basic facts and legal reasons that the filing party believes are sufficient to support a claim against another person, persons, entity...
 of a plaintiff
Plaintiff

A plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order ....
 or pursuer
Pursuer

A pursuer in Scotland is the party who initiates a lawsuit before a Courts of Scotland. The term is the same in civil and criminal proceedings. The pursuer is seeking a legal remedy, and if successful, the court will issue judgment in favour of the pursuer and make the appropriate court order ...
 in a civil lawsuit
Lawsuit

In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
 before a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
, or any party who has been formally charged
Indictment

In the common law legal system, an indictment is a formal accusation that a person has committed a criminal offense. In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offenc...
 or accused of violating a criminal
Crime

Societies define Crime as the breach of one or more rules or laws for which some Government or force may ultimately prescribe a punishment.The word crime originates from the Latin crimen , from the Latin root cerno and Greek ????? = "I judge"....
 statute
Statute

A statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy....
. They may waive the jury if they so choose.

A defendant in a civil action usually makes his or her first court appearance voluntarily in response to a summons, whereas a defendant in a criminal case is often taken into custody by police and brought before a court, pursuant to an arrest warrant. The actions of a defendant, and its lawyer counsel, is known as the defence.

A respondent is the parallel term used in a proceeding which is commenced by petition
Petition

A petition is a request to change some thing, most commonly made to a government official or public entity. Petitions to a deity are a form of prayer....
.

Historically, a defendant in a civil action could also be taken into custody pursuant to a writ of capias ad respondendum
Capias ad respondendum

In the common law legal systems, capias ad respondendum is or was a writ issued by a court to bring the defendant, having failed to appear, to hear the judgment to be imposed....
 and forced to post bail
Bail

Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from County jail, on the understanding that the suspect will return for trial or forfeit the bail ....
 before being released from custody. However, a modern day defendant in a civil action is usually able to avoid most (if not all) court appearances if he or she is represented by a lawyer
Lawyer

A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an Attorney at law, counsel or solicitor; a person licensed to practice fraud." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver justice....
 whereas a defendant in a criminal case (particularly a felony
Felony

A felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors....
 or indictment
Indictment

In the common law legal system, an indictment is a formal accusation that a person has committed a criminal offense. In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offenc...
) is usually obliged to post bail before being released from custody and must be present at every stage thereafter of the proceedings against him or her (they often may have their lawyer appear instead, especially for very minor cases, such as traffic offences in jurisdictions which treat them as crimes). If found guilty, or if the defendant reaches a plea bargain
Plea bargain

A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence....
 or other settlement with the prosecution, the defendant receives a sentence
Sentence (law)

In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of prison, a Fine and/or other punishments against a defendant conviction of a crime....
 from the presiding judge
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
. This sentence, however, does not necessarily include the full punishment
Punishment

Punishment is the practice of imposing something suffering on a person or animal, usually in response to disobedient or morally wrong behavior....
: social stigma
Social stigma

Social stigma is severe social disapproval of personal characteristics or beliefs that are against Norm . Social stigma often leads to marginalization....
 of prosecution and collateral consequences of criminal charges
Collateral consequences of criminal charges

Collateral consequences of criminal charges, known as the "Four C's" in legal parlance , are the results of arrest, prosecution or conviction that are not part of the sentence imposed....
 may still affect the defendant.

Historical restrictions on giving evidence

In Britain
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 up until the end of the 19th century, defendants were banned by law from giving evidence in their defense, since it was assumed they would be inclined to lie.

This is similar to Islamic law, where a defendant may only take an oath
Oath

An oath is either a promise or a statement of fact calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact....
: any evidence he may present is not considered as a general principle.

See also

  • Plaintiff
    Plaintiff

    A plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order ....