Editing Procedural law (section)

==Legal procedure==
Although different [[legal process]]es aim to resolve many kinds of legal disputes, the legal procedures share some common features. All legal procedure, for example, is concerned with [[due process]]. Absent very special conditions, a [[court]] can not impose a penalty — [[Civil law (common law)|civil]] or [[criminal law|criminal]] — against an individual who has not received
[[notice]] of a [[lawsuit]] being brought against them, or who has not received a fair opportunity to present evidence for themselves.<ref>{{Cite web |title=Current Rules of Practice & Procedure {{!}} United States Courts |url=https://www.uscourts.gov/rules-policies/current-rules-practice-procedure |access-date=2023-12-12 |website=www.uscourts.gov |language=en}}</ref>

The standardization for the means by which cases are brought, parties are informed, evidence is presented, and facts are determined is intended to maximize the fairness of any proceeding. Nevertheless, strict procedural rules have certain drawbacks. For example, they impose specific time limitations upon the parties that may either hasten or (more frequently) slow down the pace of proceedings. Furthermore, a party who is unfamiliar with procedural rules may run afoul of guidelines that have nothing to do with the merits of the case, and yet the failure to follow these guidelines may severely damage the party's chances. Procedural systems are constantly torn between arguments that judges should have greater discretion in order to avoid the rigidity of the rules, and arguments that judges should have less discretion in order to avoid an outcome based more on the personal preferences of the judge than on the law or the facts.

Legal procedure, in a larger sense, is also designed to affect the best distribution of judicial resources. For example, in most courts of [[general jurisdiction]] in the [[United States]], criminal cases are given priority over civil cases, because criminal defendants stand to lose their freedom, and should therefore be accorded the first opportunity to have their case heard.