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Concept
Legal case
Résumé
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases, there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce.
A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff most 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 (also known as 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).
Source officielle
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