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== Defendant == | |||
[[File:Angeklagter-vor-Gericht.jpg|thumb|right|A defendant in court]] | |||
A ''' | A '''defendant''' is an individual, company, or institution sued or accused in a court of law. The term is used in both [[civil law (common law)|civil]] and [[criminal law]]. In criminal cases, a defendant is also referred to as the accused. | ||
== Role in Legal Proceedings == | == Role in Legal Proceedings == | ||
In legal | In a legal proceeding, the defendant is the party against whom a [[lawsuit]] is filed. In criminal cases, the defendant is the person charged with a [[crime]]. The defendant is entitled to a [[fair trial]] and is presumed [[presumption of innocence|innocent until proven guilty]]. | ||
== | === Civil Cases === | ||
In [[civil cases]], the defendant is the party being sued by the [[plaintiff]]. The plaintiff seeks a legal remedy, often in the form of [[damages (law)|damages]] or specific performance. The defendant must respond to the plaintiff's [[complaint (law)|complaint]] and may file a [[counterclaim]] against the plaintiff. | |||
== | === Criminal Cases === | ||
In [[criminal cases]], the defendant is the person accused of committing a crime. The [[prosecution]] represents the state or government and must prove the defendant's guilt [[beyond a reasonable doubt]]. The defendant has the right to [[legal representation]], and if they cannot afford an [[attorney]], one will be provided by the state. | |||
== Rights of the Defendant == | |||
Defendants have several rights under the law, including: | |||
== | * The right to a [[speedy trial]] | ||
* The right to a [[jury trial]] | |||
* The right to [[legal counsel]] | |||
* The right to [[confrontation clause|confront witnesses]] | |||
* The right to remain silent | |||
These rights are designed to ensure that the defendant receives a fair trial and that justice is served. | |||
== Related Legal Terms == | |||
* [[Plaintiff]] | * [[Plaintiff]] | ||
* [[Prosecution]] | * [[Prosecution]] | ||
* [[ | * [[Defense attorney]] | ||
* [[ | * [[Verdict]] | ||
* [[Appeal]] | |||
== Related pages == | |||
* [[Criminal law]] | |||
* [[Civil law (common law)]] | |||
* [[Trial]] | |||
* [[Court]] | |||
* [[Legal procedure]] | |||
[[Category:Legal | [[Category:Legal terms]] | ||
Latest revision as of 11:34, 15 February 2025
Defendant[edit]
A defendant is an individual, company, or institution sued or accused in a court of law. The term is used in both civil and criminal law. In criminal cases, a defendant is also referred to as the accused.
Role in Legal Proceedings[edit]
In a legal proceeding, the defendant is the party against whom a lawsuit is filed. In criminal cases, the defendant is the person charged with a crime. The defendant is entitled to a fair trial and is presumed innocent until proven guilty.
Civil Cases[edit]
In civil cases, the defendant is the party being sued by the plaintiff. The plaintiff seeks a legal remedy, often in the form of damages or specific performance. The defendant must respond to the plaintiff's complaint and may file a counterclaim against the plaintiff.
Criminal Cases[edit]
In criminal cases, the defendant is the person accused of committing a crime. The prosecution represents the state or government and must prove the defendant's guilt beyond a reasonable doubt. The defendant has the right to legal representation, and if they cannot afford an attorney, one will be provided by the state.
Rights of the Defendant[edit]
Defendants have several rights under the law, including:
- The right to a speedy trial
- The right to a jury trial
- The right to legal counsel
- The right to confront witnesses
- The right to remain silent
These rights are designed to ensure that the defendant receives a fair trial and that justice is served.
