Case (law)

A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal. In each legal case there is an accuser and one or more defendants.

A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the court if the plaintiff wins the case. A civil case can also be arbitrated through arbitration, which may result in a faster settlement, with lower costs, than could be obtained by going through a trial.

The plaintiff must make a genuine effort to inform the defendant of the case through service of process, by which the plaintiff delivers to the defendant the same documents that the plaintiff filed with the court.

At any point during the case, the parties can agree to a settlement, which will end the case, although in some circumstances, such as in class actions, a settlement requires court approval in order to be binding.

Cases involving separation including asset division, support (a.k.a. maintenance or alimony), and matters related to children are handled differently in different jurisdictions. Often, the court's procedure for dealing with family cases is very similar to that of a civil case (it requires service and disclosure, and will issue judgments).

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.

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