Legal case
Encyclopedia
A legal case is a dispute between opposing parties resolved by a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

, or by some equivalent legal process. A legal case may be either civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 or criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

. There is a defendant and an accuser.

A civil case

A civil case, more commonly known as a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

 or controversy
Controversy (law)
In jurisprudence, a controversy differs from a case; while the latter includes all suits, criminal as well as civil, a controversy is a purely civil proceeding....

, begins when a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

 files a document called a complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...

 with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

, and requesting a remedy. A civil case can also be arbitrated through arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...

. The remedy sought may be money, an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...

, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...

, which determines that the plaintiff has certain legal rights. Whoever wins gets either released from custody or gets nothing (Accuser).

The plaintiff must also make a genuine effort to inform the defendant of the case through service of process
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...

, 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
Settlement (law)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law.-Basis:...

, which will end the case, although in some circumstances, such as in class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...

s, a settlement requires court approval in order to be binding.

A criminal case

A criminal case, in common law jurisdictions, begins when a person suspected of a crime is indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

 by a grand jury or otherwise charged with the offense by a government official called a prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...

 or district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...

.

Like a civil case, a criminal case may also be settled before a trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...

 through a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...

, in some jurisdictions.
If a person does not go to trial, he/she may endure even bigger penalties.

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
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that 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
Inquisitorial system
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense...

 or an adversarial system
Adversarial system
The adversarial system is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case...

.

Designation and citation

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.

However, it is often more convenient to refer to cases, particularly landmark and otherwise notable cases, by a title of the form Claimant v Defendant, for example Arkell v Pressdram. Where a legal proceeding does not have formally designated adverse parties, the form In re
In re
In re, Latin for "in the matter [of]", is a term with several different, but related meanings.In correspondence, the phrase in re: refers to the subject of a letter, memorandum, or electronic mail message...

, Re, In the matter of, etc. is used, for example In re Gault
In Re Gault
In re Gault, 387 U.S. 1 , was a landmark U.S. Supreme Court decision that held that juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the...

. The "v" separating the parties is an abbreviation of the Latin versus, but in Commonwealth countries is expanded "and" or "against" when spoken, as in Charles Dickens
Charles Dickens
Charles John Huffam Dickens was an English novelist, generally considered the greatest of the Victorian period. Dickens enjoyed a wider popularity and fame than had any previous author during his lifetime, and he remains popular, having been responsible for some of English literature's most iconic...

' Jarndyce and Jarndyce
Jarndyce and Jarndyce
Jarndyce and Jarndyce is a fictional court case in Chancery in the novel Bleak House by Charles Dickens.The case concerns the fate of a large inheritance. It has dragged on for many generations prior to the action of the novel, so that, by the time it is resolved late in the narrative, legal costs...

. Where it is considered necessary to protect the anonymity of a natural person
Natural person
Variously, in jurisprudence, a natural person is a human being, as opposed to an artificial, legal or juristic person, i.e., an organization that the law treats for some purposes as if it were a person distinct from its members or owner...

, some cases may have one or both parties replaced by a standard pseudonym (Jane Roe
John Doe
The name "John Doe" is used as a placeholder name in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons. The name is also used to refer to a male corpse or hospital patient whose identity is unknown...

 in Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...

), or by an initial (D v D
D v D
D v D [2001] 1 FLR 495 was a Court of Appeal case determining the criteria necessary in disputes regarding residence. The father was granted shared residence. It was held amongst other things that costs will not normally be ordered in a contact and residence case unless the non-resident parent has...

). The initial "R" may also be shorthand for the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...

, i.e. Rex
King
- Centers of population :* King, Ontario, CanadaIn USA:* King, Indiana* King, North Carolina* King, Lincoln County, Wisconsin* King, Waupaca County, Wisconsin* King County, Washington- Moving-image works :Television:...

/Regina (R v Adams
R v Adams
R v Adams [1996] 2 Cr App R 467, [1996] Crim LR 898, CA and R v Adams [1998] 1 Cr App R 377, The Times, 3 November 1997, CA, are rulings that ousted explicit Bayesian statistics from the reasoning admissible before a jury in DNA cases.-Facts:...

). (For explanation of other terms that may appear in case titles, see the glossary of legal terms.)
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