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The role of the defendant is drastically different, however. In a lawsuit, the defendantâs aim is to disprove the allegations against him. A major difference between a plaintiff and a defendant is that the plaintiff must present a case. Technically, a defendant could remain silent in a lawsuit and merely leave the burden on the plaintiff. For a defendant to proceed through a lawsuit without presenting any evidence or arguments is not a common strategy.
What is the difference between a plaintiff and a defendant? Answer Wiki. In Law of Tort/Civil Suit, there are two parties - plaintiff and defendant. A Tort is a civil wrong in which a legal right of a person is violated by an act of other person who does not have any legal justification for such act. The former is called the plaintiff, and the latter is called the defendant. The plaintiff files a suit against the defendant to seek suitable remedy/compensation. The plaintiff and defendant are analogous to the prosecution and defence in a criminal case. Written Aug 22, 2015 Â· View Upvotes.