The legal process deals with judicial proceedings in both a criminal prosecution level and a civil lawsuit level of law. Each are in existence because of the Constitution, which requires a “due process” before any judge can take away anyone’s property, liberty, or life.
The legal term “process” in and of itself relates to the writs and formal notices that courts utilize to implement jurisdiction over property, people, companies, and all other entities that fall within that specific jurisdiction. For example, a subpoena is a type of process that requires a witness or party to show for court to provide testimony and if they don’t show then they will be held accountable under the law by the court over the subpoena.
Furthermore, when dealing with the legal process a majority of states necessitate civil processes be served by a person that is considered a neutral party that has no stake in the conclusion of the case. What does all this mean? Basically the neutral party will receive any financial or legal profits from the case and they will have no biases for either the defendant or the plaintiff.
Thus far the basics of the law proceedings have been discussed, but it is still unclear of who is normally involved within law. Nearly everyone has seen at least one Law and Order on television where they see a defense attorney, prosecution attorney, the person accused of the crime, the judge, and witnesses.
Well there are actually a lot more people involved in the legal process and it is important to understand who is who so you are better informed. Outside of the judge and attorneys involved in any civil suit there are plaintiffs and defendants as well that are involved. The plaintiff is the person or group of persons that has filed suit and the defendant is the person or group of persons that suit has been filed against. The reason suit is filed is due to the plaintiff feeling that the defendant has wrong him or her in some way.
Outside of these four groups of individuals there are many other players as well: clerks, paralegals, legal advisors, legal experts, state and government employees, law enforcement officials, and anyone that can act as a witness during the proceedings.
These are just the basics of the legal process and a brief summary of the process as a whole. For that reason, it can be difficult for anyone without any legal background or experience to understand the in’s and out’s of the legal process without the right services and advice from legal experts. By speaking to the right legal process experts you can learn about your rights and due process by which you are guaranteed by the law. Never attempt to go solo when it comes to the legal process, even legal experts need assistance.
