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Tag: What is the difference between a defendant and a respondent

what is a respondent in law

what is a respondent in law插图

Person being sued in civil cases
The respondent is theperson being sued in civil cases. For example,in a divorce case,the respondent is the spouse who did not initiate the divorce proceeding. The respondent must usually file a formal response,or answer,to the petition to ensure that the judge hears his side of the lawsuit.

What does respondent mean in legal term?

The respondent is the person being sued in civil cases. For example, in a divorce case, the respondent is the spouse who did not initiate the divorce proceeding. The respondent must usually file a formal response, or answer, to the petition to ensure that the judge hears his side of the lawsuit.

What does respondent mean in a court order?

What does a respondent mean in court? The respondent is the party against whom a petition is filed, especially one on appeal. The respondent can be either the plaintiff or the defendant from the court below, as either party can appeal the decision thereby making themselves the petitioner and their adversary the respondent.

What is the difference between a defendant and a respondent?

? A Defendant refers to a person who is being sued by another party for the first time. ? A Respondent refers to a person who responds to an appeal or petition filed against him/her. ? A person typically becomes a Defendant at the commencement of a legal action.

What do you mean by respondent?

The respondent is the party against whom a petition is filed, especially one on appeal. The respondent can be either the plaintiff or the defendant from the court below, as either party can appeal the decision thereby making themselves the petitioner and their adversary the respondent.

What is an equity party?

In Equity practice, the party who answers a bill or other proceeding in equity. The party against whom an appeal or motion, an application for a court order, is instituted and who is required to answer in order to protect his or her interests.

What is a respondent in a lawsuit?

1) the party who is required to answer a petition for a court order or writ requiring the respondent to take some action, halt an activity or obey a court’s direction. In such matters the moving party (the one filing the petition) is usually called the "petitioner.". Thus, the respondent is equivalent to a defendant in a lawsuit, …

What does "respondent" mean in law?

RESPONDENT, practice. The party who makes an answer to a bill or other proceeding in chancery. In the civil law, this term signifies one who answers or is security for another; a fidejussor. Dig. 2, 8, 6. A Law Dictionary, Adapted to the Constitution and Laws of the United States.

What happens when a civil suit is appealed?

In cases where the outcome of a civil suit is appealed, either party to the suit can become a respondent. If, for example, the original suit is ruled in favor of the petitioner and the respondent files an appeal, the petitioner becomes the appellee or respondent, and the original respondent is the appellant.

What is a respondent in a civil case?

The respondent in a civil case is usually equivalent to the defendant in a criminal case. A respondent is someone who answers to a case in court. This term is commonly used in the civil sense, with a person in a similar position in a criminal case being termed the defendant. Respondents have a number of legal rights under the laws in most nations, …

What is the person who files a civil suit called?

In a civil suit, the person who files the suit is known as the petitioner; she or he is petitioning the court to assist with a situation in which some form of remedy, such as an award of damages, is being sought from the court. The respondent is the person the suit is filed against. By law, the respondent must be served with papers documenting …

Is a respondent a defendant?

The respondent in a civil case is usually equivalent to the defendant in a criminal case.

Who is the respondent in a lawsuit?

The respondent is the person the suit is filed against. By law, the respondent must be served with papers documenting the fact that a suit has been filed and providing information about when and where the suit is to be heard.

Can a respondent contest a civil case?

Respondents can opt not to contest the claim, in which case the court will issue an immediate judgment which will include an award of damages. They do have a legal right to choose to respond to a case brought against them, however, and the court must accommodate that by scheduling time for hold a trial. In some nations, high numbers of civil cases have led to the proposal of ways to create disincentives to filing suit, encouraging people to pursue alternate means of redress to free up space in the courts.

Who is Mary McMahon?

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer . Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

What is a 2nd ed?

TheLaw.com Law Dictionary & Black’s Law Dictionary 2nd Ed. (A) A term sometimes used instead of defendant or appellee, which depends upon the state and the court, for example, a petitioner for a divorce with responding party being the respondent. Landlord tenant courts may laso refer to the landlord as the petitioner for an eviction.

What does "landlord tenant" mean?

Landlord tenant courts may laso refer to the landlord as the petitioner for an eviction. (B) practice. The party who makes an answer to a bill or other proceeding in chancery. In the civil law, this term signifies one who answers or is security for another.

Who is the appellant in a court of chancery?

The party who appeals against the judgment of an inferior court is termed the “appellant;” and he who contends against the appeal, the “respondent” The word also denotes the person upon whom an ordinary petition in the court of chancery (or a libel in admiralty) is served, and who is, as it were, a defendant thereto.

What Is a Respondent?

The respondent is the person being sued in civil cases. For example, in a divorce case, the respondent is the spouse who did not initiate the divorce proceeding. The respondent must usually file a formal response, or answer, to the petition to ensure that the judge hears his side of the lawsuit. The response should indicate why the petitioner should not win the case, and may include additional facts or defenses. In many cases, the respondent has only 30 days or less to respond to the petition. The respondent can also file other requests to the court, such as a motion to dismiss the lawsuit as frivolous.

What is an appellate brief?

In an appellate case, the petitioner must file a petition to appeal and an appellate brief if the petition is granted. A petition to appeal typically states that the law was incorrectly applied in the initial case. The respondent must file a response to the petition within a designated amount of time.

What is a petitioner in civil cases?

In civil cases, the petitioner is the party that instigates the legal action. For example, in a divorce case, the petitioner is the spouse filing for divorce. The person who instigates a legal action must file a petition that lays out the grounds for the lawsuit. It describes the petitioner’s version of the facts and the damages she suffered as …

What forms do you need to file a divorce?

In a divorce case, for example, the petitioner may need to also submit a parenting plan, a separation agreement, a certificate of compliance with mandatory financial disclosures and a notice of domestic relations status conference.

What to expect at a restraining order hearing?

What Can You Expect at a Restraining Order Hearing? Legal Forms to File for Defamation of Character. When it comes to court cases, there are legal terms of art for the person who instigates a lawsuit and for the person who is on the opposing side. The main parties involved in a legal action are known as the petitioner and the respondent.

How long does it take to respond to a lawsuit?

In many cases, the respondent has only 30 days or less to respond to the petition.

What is the state in a criminal case?

In criminal cases, the state is the petitioner bringing charges against the person who is alleged to have committed a crime. That person is known as the defendant. However, the defendant in a criminal case becomes a petitioner in some circumstances, such as if he seeks to have his conviction expunged.

Who is a Defendant?

A Defendant is usually the person against whom an action is filed. In other words, the Defendant is the person being sued for an alleged wrong or charge. A person becomes a Defendant when another party initiates or begins a court action against him/her. Typically, a Defendant seeks to prove his/her innocence by denying the charges stated by the other party, usually referred to as the Plaintiff. The Defendant typically responds to a complaint filed by the Plaintiff by way of an answer either accepting or denying the charges in the complaint or bringing a counter-charge against the Plaintiff. As mentioned above, in a criminal case, the Defendant is also the accused that means the person who is charged with committing the crime. There can be more than one Defendant and a Defendant can be either a person or legal entity such as a corporation, partnership or bank.

What is a defendant in a criminal case?

At the very outset, we are aware that a Defendant typically refers to a person who is being sued by another party, or in a criminal case, the person accused of committing a crime. How then do we identify a Respondent? This requires an explanation of both terms, particularly its use in the legal world.

What is a respondent in a petition?

In other instances, a Respondent is also the person against whom a petition has been filed. A petition is typically instituted to obtain a court order or writ requiring the other party or Respondent, to either do something or cease from doing something.

Is it a fair mistake to confuse respondent and defendant?

It is a fair mistake given that the definitions of respondent and defendant are very similar. In fact, the difference is so subtle that many of us tend to confuse the distinction and thereby understand them to mean one and the same thing.

Who is the respondent in a case?

In such an instance, the person appealing becomes the appellant and the person against whom the appeal is made becomes the Respondent. Thus, a Respondent, particularly in the case of an appeal, is the person who won the first case. In other instances, a Respondent is also the person against whom a petition has been filed.

Can a defendant be more than one defendant?

As mentioned above, in a criminal case, the Defendant is also the accused that means the person who is charged with committing the crime. There can be more than one Defendant and a Defendant can be either a person or legal entity such as a corporation, partnership or bank.

Is a petitioner the same as a respondent?

While it is relatively easier to understand the term ‘Respondent’ as been similar to a Defendant, it is not the same.