Judicial Proceedings

    This page is continued from State Law Consists of Two Parts >>>> Adjective Law >>>> Procedure:
 
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     This section includes legal terms used in both civil and criminal proceedings.  For instance, motions, pleas, pleadings, and court orders are used in criminal and civil cases.  Page in making.

pleadings – formal documents setting forth or responding to (civil) allegations, claims, denials, defenses, or (criminal) charges.

motions – request a specific ruling or order.

objections – oppose something that occurred or is about to occur: seek an immediate ruling on the point.

proceeding:
(16C)

 l. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment.
 
2. Any procedural means for seeking redress from a tribunal or agency.
 
3. An act or step that is part of a larger action.
 
4. The business conducted by a court or other official body; a hearing.
 
5. Bankruptcy. A particular dispute or matter arising within a pending case — as opposed to the case as a whole. [1]
 
1. In ordinary usage, including all methods of invoking the action of courts and applicable generally to any step taken by a suitor to obtain the interposition or action of a court.  1 Am J2d Actions § 3.
 
An action.  More particularly, any application to a court of justice, however made, for aid in the enforcement of rights, for relief, for redress of injustices, for damages, or for any remedial object.  1 Am J2d Actions § 3.
 
In reference to the restriction upon federal courts of granting an injunction to stay proceedings in state courts: — any step taken, or which may be taken, in the state court or by its officers, from the institution of the action to the termination of final process.  Hill v Martin, 296 US 393, 80 L Ed 293, 56 S Ct 278.
 
In one peculiar sense, the equivalent of special proceeding.  In a broad sense, inclusive of an inquiry before a grand jury.  Hale v Henkel, 201 US 43, 66, 50 L Ed 652, 662, 26 S Ct 370, even the conduct of a matter before an executive department or administrative agency.  Bowers v New York & Albany Lighterage Co. 273 US 346, 71 L Ed 676, 47 S Ct 389. [2]
 
1. In one sense, every procedural aspect of a lawsuit, from beginning to end, including all means of process by which a party is able to cause a court to act; a suit; an action.  
 
2. In another sense, any procedural aspect of a lawsuit undertaken to enforce rights to achieve redress.  EXAMPLE: a hearing on a motion.
 
3. A specific course of action. [3]
 
     Excerpt from Edwin E. Bryant’s The Law of Pleading Under the Codes of Civil Procedure:
 
    “‘Proceeding’ is a word much used to express the business done in courts.  A proceeding in court is an act done by the authority or direction of the court, express or implied.  It is more comprehensive than the word ‘action,’ but it may include in its general sense all the steps taken or measures adopted in the prosecution or defense of an action, including the pleadings and judgment.  As applied to actions, the term ‘proceeding’ may include-


(1) the institution of the action;
(2) the appearance of the defendant;
(3) all ancillary or provisional steps, such as arrest, attachment of property, garnishment, injunction, writ of ne exeat;
(4) the pleadings;
(5) the taking of testimony before trial;
(6) all motions made in the action;
(7) the trial;
(8) the judgment;
(9) the execution;
(10) proceedings supplementary to execution, in code practice;
(11 ) the taking of the appeal or writ of error;
(12) the remittitur, or sending back of the record to the lower court from the appellate or reviewing court;
(13) the enforcement of the judgment, or a new trial, as may be directed by the court of last resort.
[4]

     See action; ancillary proceeding; practice; procedure; special proceeding; summary proceeding. [2]

     See administrative proceeding; adversarial proceeding; judicial proceeding; legal proceeding; special proceeding; summary proceeding; supplementary proceeding. [3]

Civil Proceedings

Criminal Proceedings

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 34 (2d ed. 1899).

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