defendant
dih-FEN-duhnt
/dɪˈfɛndənt/
An individual, company, or institution sued or accused in a court of law.
In criminal cases, the defendant is the accused. In civil cases, they are the party being sued.
The story behind the word. The word 'defendant' comes from the Old French 'defendant,' which is the present participle of 'defendre,' meaning 'to defend.' This root traces back to the Latin 'defendere,' meaning 'to ward off, protect.' So, a defendant is quite literally the person who is 'defending themselves' against the charges or claims brought against them in court.
Word relationships
- accused: More commonly used in criminal cases, emphasizing the accusation rather than the act of defending.
- respondent: Often used in appeals or specific types of legal proceedings, referring to the party against whom a petition is filed.
- plaintiff: The party who brings a legal case against another in a civil court.
- prosecutor: The legal party who conducts criminal proceedings against a defendant.
Commonly confused with
- suspect: A 'defendant' is someone formally charged or sued in court. A 'suspect' is merely someone believed to have committed a crime, but not yet formally charged.
Word family
- defend (verb): to resist an attack made on (someone or something); to speak or write in favor of (an idea, action, or person).
- defense (noun): the action of defending from or resisting attack; the case presented by or on behalf of the party accused or sued in a lawsuit.
- defensive (adjective): used or intended to defend or protect.
Collocations
- criminal defendant
- civil defendant
- defendant's attorney
- co-defendant
Example sentences
- "The defendant maintained his innocence throughout the entire trial, despite compelling evidence presented by the prosecution." Identifying the accused party in a criminal case.
- "In the civil lawsuit, the defendant was ordered to pay damages to the plaintiff for breach of contract." Referring to the party being sued in a civil case.
Memory hook
The 'DEFENDANT' needs a good 'DEFENSE' to protect them. DEFEND-ing party
When not to use
Do not use 'defendant' to refer to a person who is merely suspected of a crime but not yet formally charged or sued.
Fun facts
- In many legal systems, a defendant is presumed innocent until proven guilty.
- The term 'co-defendant' refers to multiple individuals accused in the same case.
Related words
Also appears in
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