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civil proceeding:
(often plural) (17c)
1. A judicial hearing, session, or lawsuit in which the purpose is to decide or delineate private rights and remedies, as in a dispute between litigants in a matter relating to torts, contracts, property, or family law. [1]
Stages of a Civil Proceeding:
- Process – the plaintiff files a complaint and summons.
- Case Preparation – discovery of evidence; witness depositions and pretrial motions.
- Settling Difference – parties urged to reach settlement to avoid the need for trial.
Although an “action” can refer to a civil or criminal judicial proceeding, today it generally refers to a civil action. Although historically there were 11 common-law forms of action, in today’s U.S. courts they have been simplified into “one form of action— the civil action.” [1]
form of action:
(17c.)
1. The Common-law legal and procedural device associated with a particular writ, each of which had specific forms of process, pleading, trial, and judgment. [2]
Excerpt from “Handbook of Common-Law Pleading” by Benjamin J. Shipman:
“Forms of action are usually regarded as different method of procedure adapted to cases of different kinds, but in fact the choice between forms of action is primarily a choice between different theories of substantive liability, and the scope of the actions measures the existence and the extent of the liability at common law…. The development and extension of the different forms of action is the history of the recognition of rights and liability in the law of the torts, contracts, and property, and the essentials of rights of action.” [3]
Related Terms:
cause of action – a group of operative facts giving rise to one or more bases for suing (obtaining a remedy in court from another person).
suit – a broader term than “action” for a judicial proceeding of a civil kind, in pursuit of a legal or equitable remedy — akalawsuit;suit at law.
References:
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[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]: United States Courts, “Civil Cases”: http://www.uscourts.gov/about-federal-courts/types-cases/civil-cases