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Legal Definitions - Proceeding
Definition of Proceeding
A proceeding refers to any formal action or series of actions taken within the legal system to address a specific legal matter. This can involve a court, an administrative agency, or another type of tribunal. It might be a single event, a distinct stage within a larger case, or the entire legal case from start to finish.
Example 1: A specific court hearing
Imagine a situation where two neighbors are in a dispute over a shared fence. They decide to take the matter to small claims court. The day they appear before the judge to present their arguments and evidence is referred to as a hearing proceeding.
This example illustrates "proceeding" as a specific, formal event or step within a larger legal action (the lawsuit itself) where the court takes action to resolve a dispute.
Example 2: An entire legal case
A large corporation is accused of violating environmental regulations. The government initiates a lawsuit against the company, which involves investigations, filings, discovery, and potentially a trial. The entire sequence of events, from the initial complaint to the final judgment, is often referred to as a legal proceeding.
Here, "proceeding" encompasses the complete legal action, including all the formal steps and stages involved in resolving the environmental violation claim through the court system.
Example 3: An action before an administrative agency
An individual applies for a professional license, but their application is denied by the state's licensing board. They decide to appeal this decision, which involves submitting formal documents and attending a review session before the board. This appeal process before the administrative board is considered an administrative proceeding.
This demonstrates "proceeding" as a formal method of seeking redress or resolution from a government agency or tribunal, even if it's not a traditional court, to address a legal or regulatory matter.
Simple Definition
A "proceeding" refers to any formal action or method used to invoke the authority of a court, tribunal, or agency to seek redress or resolution. It can describe a specific step within a larger legal case or encompass the entire legal action from start to finish.