Defendant

Defendant in United States

Defendant Definition

A party sued in a personal action. The term does not in strictness apply to the person opposing or denying the allegations of the demandant in a real action, who is properly called the tenant. The distinction, however, is very commonly disregarded; and the term is further frequency applied to denote the person called upon to answer, either at law or in equity, and as well in criminal as civil suits.

Defendant in Foreign Legal Encyclopedias

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Defendant Defendant in the World Legal Encyclopedia.
Defendant Defendant in the European Legal Encyclopedia.
Defendant Defendant in the Asian Legal Encyclopedia.
Defendant Defendant in the UK Legal Encyclopedia.
Defendant Defendant in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Defendant

Scan Defendant in the appropriate area of law:

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Defendant Defendant in the Family Law Portal of the American Encyclopedia of Law.
Defendant Defendant in the IP Portal of the American Encyclopedia of Law.
Defendant Defendant in the Commercial Law Portal of the American Encyclopedia of Law.
Defendant Defendant in the Criminal Law Portal of the American Encyclopedia of Law.
Defendant Defendant in the Antritrust Portal of the American Encyclopedia of Law.
Defendant Defendant in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Defendant Defendant in the Constitutional Law Portal of the American Encyclopedia of Law.
Defendant Defendant in the Tax Law Portal of the American Encyclopedia of Law.
Defendant Defendant in the and Finance and Banking Portal of the American Encyclopedia of Law.
Defendant Defendant in the Employment and Labor Portal of the American Encyclopedia of Law.
Defendant Defendant in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Defendant Defendant in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

A party sued in a personal action. The term does not in strictness apply to the person opposing or denying the allegations of the demandant in a real action, who is properly called the tenant. The distinction, however, is very commonly disregarded; and the term is further frequency applied to denote the person called upon to answer, either at law or in equity, and as well in criminal as civil suits.

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Notice

 

This definition of Defendant Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Defendant as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

The person against whom a lawsuit is filed. In certain states, and in certain types of lawsuits, the defendant is called the respondent

Practical Information

Note: Some of this information was last updated in 1982

In a lawsuit, the party against whom action is brought. The defendant is the person required to make answer in the action or suit. See also parties to an action (in U.S. law).

(Revised by Ann De Vries)

What is Defendant?

For a meaning of it, read Defendant in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Defendant.

Cross-Examination of Defendant

This section examines the Cross-Examination of Defendant subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Direct Examination of Defendant

This section examines the Direct Examination of Defendant subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Concept of Defendant

In the U.S., in the context of Judiciary power and branch, Defendant has the following meaning: The person or entity in a court case that is being prosecuted by the government (criminal law), or sued by a plaintiff (civil law) (Source of this definition of Defendant : University of Texas)

Defendant

Concept of Defendant in Constitutional Law

The following is a very basic definition of Defendant in this context: A person accused of doing something that is not legal

Concept of Defendant in Political Science

The following is a very basic definition of Defendant in relation to the election system and the U.S Congress: A person accused of doing something that is not legal

The Defendant’s Response to the Complaint Explained

References

See Also

  • Civil Procedure
  • Federal Courts

Resources

See Also

  • Judiciary Power
  • Judiciary Branch

Concept of Defendant in Constitutional Law

The following is a very basic definition of Defendant in this context: A person accused of doing something that is not legal

Concept of Defendant in Political Science

The following is a very basic definition of Defendant in relation to the election system and the U.S Congress: A person accused of doing something that is not legal

The Defendant’s Response to the Complaint Explained

References

See Also

  • Civil Procedure
  • Federal Courts

Resources

See Also

 

 

Further Reading (Articles)

DEFENDANTS RECEIVE LENGTHY SENTENCES IN MAJOR DRUG TRAFFICKING CONSPIRACY; MOST OF 37 DEFENDANTS WERE MEMBERS/ASSOCIATES OF TEXAS SYNDICATE PRISON GANG., States News Service; January 21, 2010

Eight Defendants Charged with Participation in Anthony Drug Trafficking Ring Plead Guilty Ninth Defendant Pleads Guilty to Money Laundering Offense, States News Service; August 17, 2012

Defendant who ignored suit gets judgment set aside, Missouri Lawyers Media; June 27, 2010; Stephanie Maniscalco

Defendant’s Proposed Mental Health Expert Testimony regarding Insanity and Mens Rea Deemed Unreliable and Unhelpful; Ruling Not Disturbed by Supreme Court, Developments in Mental Health Law; January 1, 2009

Five Defendants Convicted of International Sex Trafficking for Forcing Central American Girls and Women into Prostitution., Psychology & Psychiatry Journal; February 28, 2009

‘MOVIELAND’ DEFENDANTS SETTLE FTC CHARGES, US Fed News Service, Including US State News; September 13, 2007

FIVE DEFENDANTS CONVICTED OF INTERNATIONAL SEX TRAFFICKING FOR FORCING CENTRAL AMERICAN GIRLS, WOMEN INTO PROSTITUTION, US Fed News Service, Including US State News; February 20, 2009

Defendants granted the right not to attend trial, Jerusalem Post; July 29, 1996; Asher Felix Landau

Defendants out-of-state partnership interests attachable in NY., Real Estate Weekly; June 2, 2010; Edelstein, Mark

Defendants in Sedition Case Loyal and Sincere: Witnesses, Khaleej Times (Dubai, United Arab Emirates); May 7, 2013

DEFENDANTS REFUSE TO RESPOND AT 9/11 ARRAIGNMENT., States News Service; May 5, 2012

Defendant Permitted to Defend Action Six Years after Plaintiff Obtains Default Judgment, Mondaq Business Briefing; April 8, 2014; Maurer, Matt

Defendants in Phony Mortgage Relief Scheme to Pay Nearly $3.6M; Orders Ban Them from Mortgage Relief Business, US Fed News Service, Including US State News; January 16, 2014

THREE DEFENDANTS PLEAD GUILTY TO INTERNET FRAUD SCHEME, US Fed News Service, Including US State News; February 7, 2007

FIVE DEFENDANTS CHARGED IN FORECLOSURE RESCUE SCHEME., States News Service; December 2, 2011

Defendant Class Proceedings – The Class Action Joshua Tree*.(Class Proceedings Act 1992), Mondaq Business Briefing; January 9, 2012

Defendant ignores suit, yet judgment is set aside, Missouri Lawyers Media; June 25, 2010; Stephanie Maniscalco

36 defendants in countys largest drug raid all plead not guilty, The Columbian (Vancouver, WA); October 29, 2011; Stephanie Rice

Nominal Defendant recovers from uninsured owner., Mondaq Business Briefing; December 4, 2011

Multiple Defendants Dismissed Based On Improper Joinder., Mondaq Business Briefing; October 6, 2011

Defendant meaning

The party against whom recovery is sought and thus s/he who defends. The party complained against. In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued.

In equity actions the defendant is sometimes called the respondent. In practice this term has disapperead with the merger of law and equity. The term respondent is also, and much more commonly, used to designate the person responding to an appeal.

 

Defendant in the Context of Law Research

The Thurgood Marshall School of Law Library defined briefly Defendant as: The person against whom a lawsuit is brought in a civil court; in criminal court, it is the person against whom criminal charges are brought.Legal research resources, including Defendant, help to identify the law that governs an activity and to find materials that explain that law.

Defendant Definition in the context of the Federal Court System

In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.

Defendant: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Defendant. This part provides references, in relation to Defendant, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Defendant by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Defendant and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Defendant or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Defendant and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Defendant. Finding these decisions can be challenging. In many cases, researchers about Defendant should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Defendant when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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