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plaintiff vs prosecutor

What's the difference between plaintiff and prosecutor? Here's the clear answer, with examples of each.

Quick answer

A plaintiff is the person who brings a civil lawsuit against someone else, over a private dispute such as a broken contract. A prosecutor is a lawyer who brings criminal charges, acting on behalf of the state rather than for themselves. In a breach of contract case the plaintiff sues; in a criminal case the prosecutor argues the evidence proves intent.

The core difference

A plaintiff sues in a civil case on their own behalf; a prosecutor brings criminal charges on behalf of the state.

  • plaintiff — the person who brings a case against someone else in a civil lawsuit: The court ruled in favor of the plaintiff.
  • prosecutor — a lawyer who represents the state in bringing criminal charges: The prosecutor argued that the evidence proved intent.

How to tell them apart

The clearest way to separate them is who they represent. A plaintiff is a private individual or organisation pursuing their own civil claim, such as a breach of contract. A prosecutor is always a lawyer acting for the state, bringing criminal charges rather than a personal dispute.

Plaintiff shares its root with plaintive, both coming from an old word meaning complaining, which fits a plaintiff's role in bringing a complaint to court. Prosecutor comes from a Latin root meaning to pursue, matching the act of pursuing criminal charges.

Frequently asked questions

Can a plaintiff bring a criminal case?
No, plaintiff applies to civil lawsuits; a criminal case is brought by a prosecutor on behalf of the state.
Is the plaintiff the opposite of the defendant?
Yes, in a civil case the plaintiff brings the claim and the defendant is the party being sued.
Does a prosecutor represent the victim personally?
No, a prosecutor represents the state, even though the case may relate to a specific victim.