Legal Definitions - legal proceeding

A legal proceeding is a formal action permitted by law that is initiated in a court or tribunal. Its purpose is to either establish a right or to enforce a remedy for a legal wrong.

A legal proceeding refers to any formal action or series of steps taken within a court, administrative agency, or other authorized legal body, with the aim of resolving a dispute, establishing a right, or enforcing a legal obligation.

In essence, it's the structured process by which legal issues are addressed and decided according to the law.

• Example 1: Civil Lawsuit for Damages

  Imagine a situation where a homeowner discovers significant structural damage to their newly purchased house, which they believe was intentionally concealed by the seller. The homeowner decides to file a lawsuit against the seller in civil court, seeking financial compensation to cover the repair costs and other losses.

  This is a legal proceeding because it is a formal action (filing a lawsuit) initiated in a court (civil court) with the purpose of enforcing a remedy (financial compensation) and establishing a right (the homeowner's right to a property free from undisclosed defects).

• Example 2: Criminal Trial

  Consider a case where a person is accused of driving under the influence of alcohol. The state prosecutor initiates a criminal trial against this individual in a district court, presenting evidence and witness testimonies to prove guilt and seek a conviction.

  This constitutes a legal proceeding as it is a formal action (a criminal trial) conducted in a court (district court) with the objective of enforcing a legal obligation (holding the accused accountable for violating traffic laws) and upholding the state's right to maintain public safety.

• Example 3: Administrative Hearing for Benefits

  Suppose an individual applies for disability benefits, but their application is initially denied by a government agency. The individual then requests an administrative hearing to appeal this decision, presenting medical records and personal testimony before an administrative law judge.

  This is a legal proceeding because it involves a formal action (an administrative hearing) before an authorized legal body (the administrative agency's tribunal) with the aim of acquiring a right (the right to receive disability benefits) by challenging an adverse decision.