different between defendant vs counterclaim

defendant

English

Alternative forms

  • defendaunt (obsolete)

Pronunciation

  • IPA(key): /d??f?nd.?nt/

Etymology 1

From Middle English defendaunt (defending; defending in a suit), borrowed from Old French defendant, present participle of defendre, from Latin d?fendere.

Adjective

defendant (comparative more defendant, superlative most defendant)

  1. Serving, or suitable, for defense; defensive, defending.
    • c. 1598, William Shakespeare, Henry V, Act II, Scene 4,[1]
      Thus comes the English with full power upon us;
      And more than carefully it us concerns
      To answer royally in our defences.
      Therefore the Dukes of Berri and of Bretagne,
      Of Brabant and of Orleans, shall make forth,
      And you, Prince Dauphin, with all swift dispatch,
      To line and new repair our towns of war
      With men of courage and with means defendant;

Etymology 2

From Middle English defendaunt (defendant in a suit; defender), borrowed from Old French defendant, nominalisation of defendant; see above.

Noun

defendant (plural defendants)

  1. (law) In civil proceedings, the party responding to the complaint; one who is sued and called upon to make satisfaction for a wrong complained of by another.
  2. (law) In criminal proceedings, the accused.

Antonyms

  • (in civil proceedings): plaintiff, claimant
  • (in criminal proceedings): prosecutor

Hypernyms

  • litigant

Related terms

  • respondent

Translations


Latin

Verb

d?fendant

  1. third-person plural present active subjunctive of d?fend?

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counterclaim

English

Etymology

counter- +? claim

Noun

counterclaim (plural counterclaims)

  1. (law) a suit filed by a defendant against a plaintiff secondary to the original complaint.

Translations

Verb

counterclaim (third-person singular simple present counterclaims, present participle counterclaiming, simple past and past participle counterclaimed)

  1. (intransitive) To file a counterclaim.

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