Legal Definitions - action

In legal terms, an action refers to a formal legal proceeding initiated in a court of law. It is the entire process by which one party seeks to enforce a right, resolve a dispute, or prosecute an alleged offense against another party. When a matter is brought before a court, whether civil or criminal, it is considered an "action." The party that starts the action is typically called the plaintiff in a civil case or the prosecution in a criminal case.

Here are some examples to illustrate the concept of an "action":

• Example 1: Civil Dispute over Property

  A homeowner discovers that their neighbor has built a fence several feet onto their property. After attempts to resolve the issue amicably fail, the homeowner decides to file a lawsuit asking the court to order the neighbor to remove the fence and compensate them for damages. This lawsuit constitutes a legal action.

  Explanation: The homeowner is initiating a formal legal proceeding in court to resolve a property dispute and enforce their property rights. This entire process, from filing the initial complaint to a potential judgment, is referred to as an "action."

• Example 2: Criminal Prosecution for Fraud

  Following an investigation, the state's attorney files charges against an individual accused of running a sophisticated financial scam that defrauded multiple investors. The state seeks to prove the individual's guilt and impose penalties as prescribed by law. This criminal case is a legal action.

  Explanation: The state, through its prosecution, is bringing a formal criminal proceeding against the individual to address an alleged crime. This entire court process, aimed at determining guilt and imposing punishment, is considered a criminal "action."

• Example 3: Personal Injury Claim

  A pedestrian is severely injured after being struck by a delivery truck whose driver was allegedly distracted. The pedestrian's attorney files a complaint in court on their behalf, seeking compensation for medical bills, lost wages, and pain and suffering from the trucking company and the driver. This lawsuit is a legal action.

  Explanation: The pedestrian, through their attorney, is commencing a formal civil proceeding in court to seek financial recovery for their injuries and losses. This legal process, from filing the complaint to a potential settlement or trial, is an "action."