User:Visviva/legal proceeding
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A legal proceeding is an activity in which a party seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term legal proceedings includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal".[1]
Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence in support of their claims, and to argue in favor of particular interpretations of the law, after which a judge, jury, or other trier of fact makes a determination of the factual and legal issues.[2]
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases, there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal facts.
Legal cases, whether criminal or civil, are premised on the idea that a dispute will be fairly resolved when a legal procedure exists by which the dispute can be brought to a factfinder not otherwise involved in the case, who can evaluate evidence to determine the truth with respect to claims of guilt, innocence, liability, or lack of fault. Details of the procedure may depend on both the kind of case and the kind of system in which the case is brought – whether, for example, it is an inquisitorial system or a solo
Related concepts[edit]
In the United States, Congressional hearings are not generally considered legal proceedings, as they are generally not directed towards the imposition of a penalty against a specific individual for a specific wrong. However, impeachment proceedings are generally conducted as legal proceedings, although experts dispute the question of whether they are primarily legal proceedings, or are merely political proceedings dressed in legal formalities and language.[3] Richard Posner, for example, has asserted that it was "the intent of the framers of the Constitution that an impeachment proceeding be primarily a legal proceeding, akin to a criminal prosecution, rather than a political one".[4]
Types of proceedings[edit]
Civil[edit]
A civil proceeding, in the United States more commonly known as a lawsuit, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be ordered by the court if the plaintiff wins the case.
The plaintiff must make a genuine effort to inform the defendant of the case through service of process, by which the plaintiff delivers to the defendant the same documents that the plaintiff filed with the court.
At any point during the case, the parties can agree to a settlement, which will end the case, although in some circumstances, such as in class actions, a settlement requires court approval in order to be binding.
Family[edit]
Cases involving separation including asset division, support (also known as maintenance or alimony), and matters related to children are handled differently in different jurisdictions. Often, the court's procedure for dealing with family cases is very similar to that of a civil case (it requires service and disclosure, and will issue judgments).
Arbitral[edit]
While most civil cases are resolved by a court, they can also be resolved through arbitration, which may result in a faster settlement, with lower costs, than could be obtained by going through a trial.[5]
Family case[edit]
Criminal[edit]
A criminal case, in common law jurisdictions, begins when a person suspected of a crime is indicted by a grand jury or otherwise charged with the offense by a government official called a prosecutor or district attorney.
A criminal case may in some jurisdictions be settled before a trial through a plea bargain. Typically, in a plea bargain, the defendant agrees to plead guilty to a lesser charge than that which was originally brought by the grand jury or prosecutor. A defendant who goes to trial risks greater penalties than would normally be imposed through a plea bargain.
Beginning[edit]
- Activities needed to have a court deem legal process to have been provided, such as through service of process.
Middle[edit]
- Conduct of a trial, whether a lawsuit or civil trial, or a criminal trial.
- Hearings, particularly administrative hearings.
End[edit]
- Issuance and enforcement of court orders, including those imposing foreclosure or receivership.
Designation and citation[edit]
In many legal systems, the court assigns a unique number/letter combination or similar designation to each case in order to track the various disputes that are or have been before it.[citation needed] The outcome of the case is recorded, and can later be reviewed by obtaining a copy of the documents associated with the designation previously assigned to the case.
However, it is often more convenient to refer to cases – particularly landmark and other notable cases – by a title of the form Claimant v Defendant (e.g. Arkell v Pressdram). Where a legal proceeding does not have formally designated adverse parties, a form such as In re, Re or In the matter of is used (e.g. In re Gault).[6] The "v" separating the parties is an abbreviation of the Latin versus, but, when spoken in Commonwealth countries, it is normally rendered as "and" or "against" (as in, for example, Charles Dickens' Jarndyce and Jarndyce). Where it is considered necessary to protect the anonymity of a natural person, some cases may have one or both parties replaced by a standard pseudonym (Jane Roe in Roe v. Wade) or by an initial (D v D). In titles such as R v Adams, however, the initial "R" is usually an abbreviation for the Latin Rex or Regina, i.e. for the Crown. (For an explanation of other terms that may appear in case titles, see the Glossary of legal terms.)
By country[edit]
See also[edit]
References[edit]
- ^ Ben Emmerson, Andrew Ashworth, Alison Macdonald, Human Rights and Criminal Justice (2012), p. 198.
- ^ Dr Hendrik Kaptein, Henry Prakken, Bart Verheij, Legal Evidence and Proof: Statistics, Stories, Logic (2013), p. 12.
- ^ See generally, Buckner F. Melton, The First Impeachment: The Constitution's Framers and the Case of Senator William Blount (1998).
- ^ Richard A. Posner, An Affair of State: The Investigation, Impeachment, and Trial of President Clinton (2009), p. 185.
- ^ Mauro Rubino-Sammartano, International Arbitration Law and Practice (2001), p. 42, noting that "arbitration constitutes legal proceedings".
- ^ The Oxford University Standard for Citation of Legal Authorities (4 ed.). Hart Publishers. 2012. ISBN 978-1849463676. Archived from the original on Sep 6, 2015.
External links[edit]
Quotations related to Legal proceedings at Wikiquote- Quotations related to Legal case at Wikiquote
Category:Legal disputes Category:Case law Category:Legal procedure