Procedure Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Procedure, written in plain English, along with examples of how it is used.

What is Procedure?

In law, it refers to the series of tasks,activities and steps which if followed in sequence according to the law and rules, invokes certain judgement by managing the justice system of the court.

History and Meaning of Procedure

The term "procedure" in law refers to the set of rules and actions that must be followed in a legal case to ensure the fairness and accuracy of the judicial process. These rules and actions are designed to ensure that all parties involved in a legal case are given an equal opportunity to present their case and that justice is served properly.

The history of legal procedure can be traced back to ancient Rome, where rules and regulations were put in place to govern the judicial process. Over time, many common law systems adopted these principles and expanded upon them, creating a complex framework of rules and procedures for the administration of justice.

Examples of Procedure

  1. In a criminal trial, the procedure typically begins with the arraignment of the defendant, followed by the presentation of evidence and witness testimony, the questioning of witnesses by the prosecution and defense, and finally, the closing arguments and verdict.

  2. In a civil lawsuit, the procedure usually involves the filing of a complaint by the plaintiff, followed by a response from the defendant, discovery of evidence, and the presentation of the case in court.

  3. In administrative law, legal procedure involves the process by which government agencies make decisions, including the notification of affected parties, the collection of evidence, and the opportunity for parties to appeal decisions.

Legal Terms Similar to Procedure

  1. Due process: The principle that legal proceedings must be conducted fairly and in accordance with established rules and procedures.

  2. Jurisdiction: The authority of a court or other governmental body to hear and decide legal cases within a certain geographic area or subject matter.

  3. Statute of limitations: The time limit imposed by law within which a legal action must be brought.