Final answer:
The initial pleading filed by a plaintiff at the start of a lawsuit is known as a complaint or petition, which is the formal notice to the defendant and includes allegations and legal claims. Plea bargaining is different, used mainly in criminal cases for the defendant to plead to lesser charges. The submission of briefs by both parties provides detailed arguments on the perspective of the case.
Step-by-step explanation:
The pleading that a plaintiff files at the beginning of a lawsuit with the court clerk is often referred to as a complaint or petition. This initial document sets forth the plaintiff's allegations and the legal basis for the claim, essentially outlining the reasons for the lawsuit. In the United States adversarial judicial system, the complaint serves as the formal notice to the defendant that legal action has been initiated, and it details the facts and legal reasons that the plaintiff believes are sufficient to support a claim against the defendant. On receipt, the defendant must provide an answer to the complaint.
Plea bargaining is a separate process often used in criminal cases, where the defendant agrees to plead guilty to a lesser charge or receives a lighter sentence in exchange for such a plea. During plea bargaining, the defendant must acknowledge their crimes in open court and typically waives the right to appeal. The court filing and plea bargaining are both key components in the legal process, but they serve different functions within civil and criminal cases.
In the context of the overall procedure, both civil and criminal cases require the submission of briefs, which are concise documents that argue each party's perspective on the case. These are followed by additional, sometimes response, briefs, and can also include amicus curiae briefs from third parties interested in the outcome of the case.