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2007-02-09 00:56:01 · 4 answers · asked by Anonymous in Politics & Government Law & Ethics

4 answers

Sorry Sweetears, close but know cigar. A Plaintiff is the party who initiates and action in CIVIL court against another Party, known as the Defendant. In Criminal court it is the State vs the Defendant and guilt must be proved "Beyond a reasonable doubt" in civil matters a Defendant can be found "liable" have a judgment entered with proving a "preponderance" of evidence against them. Remember OJ was found NOT GUILTY of Murder, but was found to be liable when the Goldmans and Browns sued him for wrongful death. The burden of proof is much lower in civil matters than criminal

2007-02-09 01:08:36 · answer #1 · answered by Anonymous · 1 0

In Criminal cases, it is Prosecution vs. Defendant.
Plaintiff is a term used in Civil cases. The plaintiff must file a complaint and serve process to the Defendant. If the Defendant raises certain issues in the Answer to the Complaint, the Plaintiff may then be required to respond.

Once the initial paperwork is done, the Plaintiff (and Defendant) may conduct discovery, and may be required to produce discovery or be deposed.

In Trial, the Plaintiff (remember, Civil case), must prove her case by a preponderance of the evidence, as well as dealing with any affirmative defenses the Defense may raise.

2007-02-09 09:04:52 · answer #2 · answered by Anonymous · 1 0

Plaintiff. It is the person/organisation who brings the case to the courts. In criminal cases he/she/they must also prove that the person they are accusing(the defendant) is guilty beyond reasonable doubt.

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and sorry I didn't make SUCH a detailed reply...as the people after me seem to have a problem rather than simply state their answer. Maybe we should discuss all the differences between civil and criminal courts?

2007-02-09 09:00:36 · answer #3 · answered by lily54 2 · 0 1

The Plaintiff in a suit is the party who files "The Complaint" against a defendant. The Complaint specifies what the the trensgressions of the defendant are, how these acts adversely impacted the Plaintiff, and what damages are sought.

2007-02-09 09:03:31 · answer #4 · answered by MenifeeManiac 7 · 1 0

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