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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 is the person charged or accused of something. 1  In a criminal case, they are charged with violating one or more laws. 2  In a civil case, they are accused of some kind of wrongdoing. It may be a breach of contract, performing some act that caused the other person to incur a loss, or failing to act in a responsible or timely matter which caused some loss or injury to the other party. The Plaintiff is simply the entity or person lodging the complaint or accusation. In criminal cases it is typically a government entity - the State, city, county, park district, federal government, etc. In civil cases it could be any person making an accusation of wrongdoing or filing a claim for damages.