The plaintiff is the party that brings the lawsuit to court. The defendant is the party that's sued by the plaintiff .
Is the defendant the guilty one?
Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant . Acquittal: a judgment of court, based on the decision of either a jury or a judge, that a person accused is not guilty of the crime for which he has been tried.
Who is the guilty party in court?
Federal civil juries consist of six persons. plaintiff – The person who files the complaint in a civil lawsuit. plea – In a criminal case, the defendant's statement pleading “guilty” or “not guilty” in answer to the charges in open court.
What does the defendant do?
In court proceedings, a defendant is a person who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Which party is the defendant?
The plaintiff is the party that brings the lawsuit to court. The defendant is the party that's sued by the plaintiff .
Who is a party to the case?
Parties include: plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a ...
Who is a party to a proceeding?
More Definitions of Party to the proceedings
Party to the proceedings means the applicant for a certificate of need and any affected person who appears at a hearing on the matter under consideration and enters an appearance of record ;[.]
Does acquittal mean not guilty?
Definition. At the end of a criminal trial, a finding by a judge or jury that a defendant is not guilty. An acquittal signifies that a prosecutor failed to prove his or her case beyond a reasonable doubt , not that a defendant is innocent.
Is it better to plead guilty or go to trial?
Another advantage of pleading guilty is the expense for a lawyer is generally less when the lawyer does not have to go to trial. ... In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial.
Who decides if a case goes to trial?
Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.
What happens if you go to trial and lose?
The jury (or the judge, in a bench trial ) can find you NOT GUILTY, GUILTY or the jury can be hung meaning that they cannot reach a verdict. A judge in a jury trial or bench trial , under certain circumstances, can rule that the prosecutor has not met the burden of proof and dismiss the case on the spot.
What happens after being found not guilty?
A verdict of not guilty constitutes an acquittal . In other words, to find a defendant not guilty is to acquit. At trial, an acquittal occurs when the jury (or the judge if it's a judge trial) determines that the prosecution hasn't proved the defendant guilty beyond a reasonable doubt.
On what grounds can a case be dismissed?
Some reasons that a case may be dismissed include findings that: Your conduct did not violate a criminal statute . The prosecution cannot prove that you were engaged in criminal activity. The police violated your rights while investigating the case.
How do you know if someone is suing you?
Visit the Court Clerk in your county of residence to find out if anyone has filed a lawsuit against you. The Court Clerk can conduct a record search to see if you have a pending lawsuit or judgment. Hopefully, if a case has been filed, you'll find out before the court issues a default judgment.
What happens if defendant does not answer?
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons , the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
How long does it take for a felony to go to trial?
It is not uncommon for felony cases to go on for months or even years in some cases, depending on the complexity or the number of defendants. The bottom line is, anyone charged with a felony should expect their case to take at least several months , and often more than that.
