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Civil and criminal cases. In a civil case, one person brings a private action against another to establish or enforce a legal right. For example, if one party to a contract fails to carry out their promises, the other party can bring a civil action for breach of contract. If the breach is established, the court will provide a remedy, for instance, by requiring the party who is in breach to pay compensation.
In a criminal case, a person is charged with a breach of the criminal law, for example, theft. If they are found guilty, the accused person is likely to be sentenced to a penalty such as imprisonment or payment of a fine.
Original hearings and appeals. When a case comes to court for the first time the hearing is referred to as 'original', or a hearing at 'first instance'. In original hearings, the terms used to refer to the parties will depend upon the type of case. Commonly used terms in civil cases include 'plaintiff' and 'defendant', and 'applicant' and 'respondent'. In criminal cases heard by a judge and jury, the parties are called the 'prosecutor' and the 'accused'. In cases heard by a magistrate, an 'informant' brings charges against a 'defendant'.
When a party who is unhappy with a decision takes the matter to another court to review the earlier decision, this is known as an 'appeal'. In appeal cases, the parties are commonly referred to as 'appellant' and 'respondent'.
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