Final answer:
In a civil lawsuit, the plaintiff initiates the case by filing a complaint, which outlines the reasons for the suit, the requested damages or relief, and the court's jurisdiction. The defendant must then respond with an answer, and both parties may exchange information through discovery.
Step-by-step explanation:
In a civil lawsuit within the adversarial judicial system of the United States, the legal process is initiated by the plaintiff, who is the party bringing forth a case due to suffering harm by the actions of another party, known as the defendant. The first formal step the plaintiff takes is the filing of a complaint, which lays out the basis of their claim against the defendant. This complaint outlines the reasons for the lawsuit, the damages or relief sought, and why the court has jurisdiction over the issue. The defendant is then expected to respond with an answer to the complaint, which addresses each allegation. As the case progresses, the parties may engage in discovery, where they exchange evidence and information. It's important to note that in a criminal case, the plaintiff is always the government, not an individual, and the burden of proof remains on the plaintiff in both civil and criminal proceedings.