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Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. [1] Common forms of process include a summons, subpoena, mandate, and warrant. [2] Process normally takes effect by serving it on a person, arresting a person, posting it on real property, or seizing personal property.
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For example, the victim of a road accident does not directly benefit if the driver who injured them is found guilty of the crime of careless driving. The victim still has to prove his case in a civil action, unless the doctrine of collateral estoppel applies, as it does in most American jurisdictions. [ 2 ]
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]
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
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Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, [1] records and formally expresses a legally enforceable act, process, [2] or contractual duty, obligation, or right, [3] and therefore evidences that act, process, or agreement. [4] [5] Examples include ...