Question 1

How is a plaintiff different from a defendant in court?

Accepted Answer

A plaintiff is the party that files the lawsuit, while the defendant is the party that must respond to the claims made against them.

Question 2

Which party has the legal burden to prove their case?

Accepted Answer

The plaintiff carries the burden of proof, meaning they must present evidence to support their claims.

Question 3

Can someone play both roles—plaintiff and defendant—simultaneously?

Accepted Answer

Yes. In cases involving counterclaims, a person can be both a plaintiff (in their original claim) and a defendant (in the counterclaim).

Question 4

Does the court enter a default judgement if the defendant stays silent?

Accepted Answer

If a defendant fails to respond, the court may issue a default judgement in favour of the plaintiff.

Question 5

What is a counterclaim, and why do defendants use it?

Accepted Answer

A counterclaim is a legal claim the defendant files back against the plaintiff, often to seek damages or shift liability.

Question 6

What’s an easy real-world example of plaintiff and defendant roles?

Accepted Answer

If someone sues a store for slipping and falling, the injured person is the plaintiff and the store is the defendant.

Plaintiff vs. Defendant: Key Differences You Should Know

Who Is a Defendant? Understanding Their Role in Court Proceedings