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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.
The defendant in a civil or criminal case is the party who has been accused of some wrongdoing or criminal activity. In a civil case the defendant is the person who has been accused of some non-criminal wrongdoing (often called a tort) for which the other party (the plaintiff) seeks monetary compensation.