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In U.S. law, both libel and slander are forms of defamation. Defamation is the act of one or more parties making a false claim that can or has already caused apparent injury to another party. The specific type of injury may vary, but most defamation cases deal with injury to the reputation of the person or entity on the receiving end... more »
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When a consumer purchases an item that comes with a warranty, he receives a guarantee that the issuer of the warranty must fulfill his end of the terms stated in the warranty. Before the Lemon Law was in place, consumers--even those who had a written warranty--who purchased a defective item often had no legal standing to ask for a... more »
Disclaimer: I am not an attorney, therefore, I am not authorized to practice law or give legal advice. However, I am a legal assistant with sixteen years of experience.This article will familiarize you with the lengthy and complex process of filing a wrongful termination lawsuit. It contains key legal terms, as well as references... more »
Emergencies often arise during hours when the courts are closed. Most people mistakenly believe that they can not obtain a Restraining Order at these times. But that does not mean the need for Emergency Restraining Orders doesn't exist. Fortunately, due to the newer domestic violence laws, Emergency Restraining Orders can now be... more »
A DUI, a legal charge of driving under the influence, is an embarrassing and life-changing legal...
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A defendant or defender (Δ in legal shorthand) is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute.
A defendant in a civil action usually makes his or her first court appearance voluntarily in response to a summons, whereas a defendant in a criminal case is often taken into custody by police and brought before a court, pursuant to an arrest warrant. The actions of a defendant, and its lawyer counsel, is known as the defense.
A respondent is the parallel term used in a proceeding which is commenced by petition.
A defendant is anyone tried under the court of law as the ones who have committed the crime.
Historically, a defendant in a civil action could also be taken into custody pursuant to a writ of capias ad respondendum and forced to post bail before being released from custody. However, a modern day defendant in a civil action is usually able to avoid most (if not all) court appearances if he or she is represented by a lawyer whereas a defendant in a criminal case (particularly a felony or indictment) is usually obliged to post bail before being released from custody and must be present at every stage thereafter of the proceedings against him or her (they often may have their lawyer appear instead, especially for very minor cases, such as traffic offenses in jurisdictions which treat them as crimes). If found guilty, or if the defendant reaches a plea bargain or other settlement with the prosecution, the defendant receives a sentence from the presiding judge. This sentence, however, does not necessarily include the full punishment: social stigma of prosecution and collateral consequences of criminal charges may still affect the defendant.
References
See also
* Plaintiff (civil)
* Prosecution (criminal)
Category:Legal terms
cs:Žalovaný
de:Beklagterread more at » http://en.wikipedia.org/wiki/Defendant
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