54. defendant

What is a Defendant?

A defendant is a person, company, or entity that is being sued or accused in a legal case. Defendants appear in both civil and criminal cases:

• In a criminal case – The defendant is the person accused of committing a crime. The prosecution (representing the government) brings charges against them.

• In a civil case – The defendant is the party being sued by the plaintiff (the person or entity filing the lawsuit).

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Rights of a Defendant in a Legal Case

🔹 Right to a Fair Trial – Every defendant has the right to a fair and public trial. 🔹 Right to Legal Representation – In criminal cases, defendants have the right to a lawyer, and if they cannot afford one, the court may appoint a public defender. 🔹 Right to Remain Silent – In criminal cases, the defendant can invoke the Fifth Amendment (in the U.S.) to avoid self-incrimination. 🔹 Right to Present Evidence & Witnesses – Defendants can present their own evidence and question witnesses. 🔹 Presumption of Innocence – A criminal defendant is innocent until proven guilty beyond a reasonable doubt.

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Defendant in Different Types of Cases

🔹 Criminal Case Example: A person charged with theft is a criminal defendant and faces prosecution by the government.

🔹 Civil Case Example: A company sued for breach of contract is a civil defendant and must respond to the lawsuit.

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Defenses Available to a Defendant

• Alibi – Proof that the defendant was not at the crime scene.

• Lack of Evidence – The prosecution or plaintiff must prove their case.

• Self-Defense – A common defense in assault or homicide cases.

• Statute of Limitations – A lawsuit may be dismissed if too much time has passed.

The role of a defendant is critical in the justice system, ensuring both sides have the opportunity to present their case.

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Reference

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1. Merriam-Webster Dictionary – Defendant

• URL: https://www.merriam-webster.com/dictionary/defendant

• Explanation: Provides a concise definition of "defendant," including its usage in both criminal and civil contexts.

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2. FindLaw Dictionary – Defendant

• URL: https://dictionary.findlaw.com/definition/defendant.html

• Explanation: Offers a detailed explanation of "defendant," highlighting its role in legal proceedings and distinguishing between criminal and civil cases.

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3. Law.com Dictionary – Defendant

• URL: https://dictionary.law.com/Default.aspx?selected=465

• Explanation: Defines "defendant" and discusses its application in various legal scenarios, including civil lawsuits and criminal prosecutions.

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4. Wikipedia – Defendant

• URL: https://en.wikipedia.org/wiki/Defendant

• Explanation: Provides an in-depth look at the term "defendant," covering its meaning, usage in different legal systems, and related concepts.

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5. Cambridge English Dictionary – Defendant

• URL: https://dictionary.cambridge.org/us/dictionary/english/defendant

• Explanation: Offers a clear definition of "defendant," with examples of its use in legal contexts.

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