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Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "the term legal proceedings includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal".Ben Emmerson, Andrew Ashworth, Alison Macdonald, Human Rights and Criminal Justice (2012), p. 198. Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence in support of their claims, and to argue in favor of particular interpretations of the law, after which a judge, jury, or other trier of fact makes a determination of the factual and legal issues.Dr Hendrik Kaptein, Henry Prakken, Bart Verheij, Legal Evidence and Proof: Statistics, Stories, Logic (2013), p. 12.
In the United States, Congressional hearings are not generally considered legal proceedings, as they are generally not directed towards the imposition of a penalty against a specific individual for a specific wrong. However, impeachment proceedings are generally conducted as legal proceedings, although experts dispute the question of whether they are primarily legal proceedings, or are merely political proceedings dressed in legal formalities and language. See generally, Buckner F. Melton, The First Impeachment: The Constitution's Framers and the Case of Senator William Blount (1998). Richard Posner, for example, has asserted that it was "the intent of the framers of the Constitution that an impeachment proceeding be primarily a legal proceeding, akin to a criminal prosecution, rather than a political one".Richard A. Posner, An Affair of State: The Investigation, Impeachment, and Trial of President Clinton'' (2009), p. 185.
The plaintiff must make a genuine and timely effort to inform the defendant of the case against them through service of process, by which the plaintiff delivers to the defendant the same documents that the plaintiff filed with the court. For example, in a UK case in 2009, documents had not been served on the defendant promptly due to uncertainty about the defendant's official address for purposes of service of documents. The court refused to extend the time for service of proceedings because of delay on the part of the plaintiff.Casemine, F G Hawkes (Western) Ltd. v Bell Shipping Co Ltd., England and Wales High Court (Commercial Court), delivered on 17 July 2009, accessed on 15 May 2025
At any point during a case, the parties can agree to a settlement, which will end the case, although in some circumstances, such as in , a settlement requires court approval in order to be binding.
Divorce and separation from a spouse is one of the most stressful situations, as rated by the Holmes and Rahe Stress Scale, and so family proceedings are increasingly being "divorced" from the often very formal and impersonal process of civil proceedings, and given special treatment.
A criminal case may in some jurisdictions be settled before a trial through a plea bargain. Typically, in a plea bargain, the defendant agrees to plead guilty to a lesser charge than that which was originally brought by the grand jury or prosecutor. A defendant who goes to trial risks greater penalties than would normally be imposed through a plea bargain.
However, it is often more convenient to refer to casesparticularly landmark and other notable casesby a title of the form Claimant Defendant (e.g. Arkell v Pressdram). Where a legal proceeding does not have formally designated adverse parties, a form such as In re, Re or In the matter of is used (e.g. In re Gault). The "v" separating the parties is an abbreviation of the Latin , but, when spoken in Commonwealth countries, it is normally rendered as "" or "" (as in, for example, Charles Dickens' Jarndyce and Jarndyce). Where it is considered necessary to protect the anonymity of a natural person, some cases may have one or both parties replaced by a standard pseudonym (John Doe in Roe v. Wade) or by an initial ( D v D). In titles such as R v Adams, however, the initial "R" is usually an abbreviation for the Latin King or Queen regnant, i.e. for the Crown. (For an explanation of other terms that may appear in case titles, see the Glossary of legal terms.)
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