What is a court and a legal proceeding

A court is a tribunal, often as governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large buildings in cities.

The practical authority given to the court is known as its jurisdiction (Latin jus dicere) – the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's Commentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants,^[2] though, often, courts consist of additional barristers, bailiffs, reporters, and perhaps a jury.

The term "the court" is also used to refer to the presiding officer or officials, usually one or more judges. The judge or panel of judges may also be collectively referred to as "the bench" (in contrast to attorneys and barristers, collectively referred to as "the bar"). In the United States, and other common law jurisdictions, the term "court" (in the case of U.S. federal courts) by law is used to describe the judge himself or herself.^[3]

Legal system

Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.

Jury system is a legal system for determining the facts at issue in a law suit. Tax system is a legal system for assessing and collecting taxes. Electoral system is a legal system for making democratic choices.

A 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 "[t]he 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".^[1] 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 factfinder makes a determination of the factual and legal issues.^[2]

• Activities needed to have a court deem legal process to have been provided, such as through service of process.
• Conduct of a trial, whether a lawsuit or civil trial, or a criminal trial.
• Issuance and enforcement of court orders, including those imposing foreclosure or receivership.
• Hearings, particularly administrative hearings.
• Arbitration.^[3]

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.^[4] 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".^[5]

For a non-lawyer (and even for some lawyers), a courtroom can be a strange and scary place. Court proceedings are arcane and can be intimidating. This is why it is always far better to try to settle or mediate your dispute outside of court. However, sometimes it is impossible to even talk with the other side, let along negotiate some kind of agreement that would make stepping inside a courtroom unnecessary. If you have fallen into this situation, you will probably either need to hire an attorney or learn how best to represent yourself in court (called pro se representation).

Finding and Hiring an Attorney

If you have concluded that your case is worth enough to justify you hiring an attorney, the first step is finding an attorney to represent you.

After this, you should talk with your attorney about what you should expect during the course of your case. If your attorney thinks that your case has a good chance of settling, you will want to make sure that you attend all proceedings where settlement negotiation occurs. In addition, make sure to tell your attorney that you want to stay informed about all the developments in your case. Your attorney will be able to tell you exactly what is going on at any given time, explain how various court proceedings work, and will probably also be able to tell you about what he thinks may happen next. Remember, you hire your attorney to be your legal expert.

What many people do not know is that a large majority of all civil cases settle well before they enter a courtroom. If you have the opportunity to settle your case before you have to go to court, you should take the time to seriously consider this option. Remember that if you settle a case, you have a guaranteed result, whereas if you go to court, you are at the mercy of the court proceedings.

Pro Se Representation

Often times representing yourself during courtroom proceedings makes more sense that hiring a legal professional to do the work for you. Some types of cases are simple enough that you will not need extensive legal knowledge or experience in order to get through your case. As an example, oftentimes divorces where both parties are happy to talk and work with each other can be brought to court without attorneys on either side. To help you out, here is a brief guide of some of the things that you may need to know in order to represent yourself in court.

To start a case, you will often need to file a civil complaint. You can find many blank complaint forms online from various websites and other sources, including FindLaw's form section. After filing out the form, you will need to file it with the court, as well as serve the civil complaint to the defendant in your case. In order to serve the civil complaint, you will need to follow the service rules for your state, but it is often acceptable to have someone over the age of 18 personally deliver the complaint to the defendant.

Now your case has officially started and you are in the "discovery" phase, where you get to find out information from the other side. This can be done by sending a form to the other side that asks questions that must be answered truthfully. This is called an "interrogatory." You can also ask the other side show up to answer questions in person, which is called a "deposition."

When the day of your trial shows up, you will need to show up to court in professional attire and proceed with the trial. This will involve calling and questioning witnesses, as well as asking questions of any witnesses that the other side calls, which is called "cross-examining." 

One option that many pro se plaintiffs and defendants choose is to hire an attorney, not to represent them in court, but rather to be a coach and adviser of sorts (to explain the different court proceedings and terminology, for instance). This option has become more and more popular recently with the number of freshly minted attorneys coming out of law school each year. As little as 20 years ago, hiring a 'law coach' would have cost almost as much as hiring an attorney to represent you, but there are many attorneys now that are more flexible in regards to their billing rate. The attorney that you hire as your coach should be able to help you with legal research, drafting documents, helping you with deadlines and information you about any peculiarities of your local court proceedings.

References

  Ben Emmerson, Andrew Ashworth, Alison Macdonald, Human Rights and Criminal Justice (2012), p. 198.

 Dr Hendrik Kaptein, Henry Prakken, Bart Verheij, Legal Evidence and Proof: Statistics, Stories, Logic (2013), p. 12.

 Mauro Rubino-Sammartano, International Arbitration Law and Practice (2001), p. 42, noting that "arbitration constitutes legal proceedings".

 See generally, Buckner F. Melton, The First Impeachment: The Constitution's Framers and the Case of Senator William Blount (1998).

 Richard A. Posner, An Affair of State: The Investigation, Impeachment, and Trial of President Clinton (2009), p. 185.