Legal proceeding

A formal process in the legal system

Legal proceeding

A legal proceeding is a formal process in the judicial system where parties seek to enforce or defend their legal rights. Legal proceedings encompass a variety of actions, including lawsuits, arbitration, and mediation. These proceedings are governed by rules of civil procedure or criminal procedure, depending on the nature of the case.

A collection of Canadian criminal case files

Types of Legal Proceedings

Legal proceedings can be broadly categorized into civil and criminal proceedings, each with distinct purposes and processes.

Civil Proceedings

Civil proceedings involve disputes between individuals or organizations. The primary aim is to resolve private disputes and provide compensation to the aggrieved party. Common types of civil proceedings include:

• Contract disputes: Cases involving disagreements over the terms or performance of a contract.
• Tort claims: Legal actions for civil wrongs, such as negligence or defamation.
• Family law cases: Proceedings related to divorce, child custody, and other family matters.

Criminal Proceedings

Criminal proceedings are initiated by the state against individuals or entities accused of violating criminal laws. The objective is to determine guilt and impose penalties such as fines, imprisonment, or community service. Key stages in criminal proceedings include:

• Arraignment: The accused is formally charged and enters a plea.
• Trial: Evidence is presented, and a verdict is reached by a judge or jury.
• Sentencing: If found guilty, the accused is sentenced according to the law.

Stages of a Legal Proceeding

Legal proceedings typically follow a structured process, which may vary depending on the jurisdiction and type of case.

Pre-trial

The pre-trial stage involves the filing of a complaint or indictment, followed by the exchange of information between parties through discovery. This stage may also include pre-trial motions and hearings to resolve preliminary issues.

Trial

During the trial, both parties present their evidence and arguments. In civil cases, the burden of proof is typically "preponderance of the evidence", while in criminal cases, it is "beyond a reasonable doubt".

Post-trial

After the trial, the losing party may file an appeal to a higher court, seeking to overturn the decision. Post-trial motions may also be filed to alter or amend the judgment.

Related pages

• Court
• Judge
• Jury
• Litigation
• Legal remedy