LEGAL CASE

A 'legal case' is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal.

Contents

A civil case

A criminal case

Common elements

See also

A civil case

A civil case, more commonly known as a lawsuit begins when a plaintiff files 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 plaintiff must also 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.

A criminal case

A 'criminal case' 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.
Like a civil case, a criminal case may also be settled before a trial through a plea bargain, in which the accused confesses to the crime in exchange for a particular sentencing recommendation. Also like a civil case, a criminal case that is not settled may be abandoned by the prosecutor, or may go to trial.

Common elements

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 an adversarial system.
In most systems, the governing body responsible for overseeing the courts 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. 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.

See also

★ Case law

★ List of case law lists