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The Fundamentals of Litigation

By Edited Nov 6, 2015 0 0

Disputes and arguments may arise in different events and may be resolved in a number of methods. One of the methods of resolving legal issues is litigation.

Litigation: What is it?

Litigation refers to a lawsuit which is brought in court to prevent injury, recover damages, obtain injunction, obtain a declaratory judgment, or recover a right in order to prevent any other future legal disputes. It is a term that is used from time to time to distinguish lawsuits from methods of alternate dispute resolution such as arbitration and mediation.

Litigation: Areas

In the process of litigation, there are two separate areas of litigation. One is the criminal litigation and the other is the civil litigation. This article will mainly discuss the latter.

Civil litigation is a lawsuit where the dispute is between two or more parties where usually results in a monetary award that will be paid by one party to the other. The judgment is imposed to make up for any damage caused to the offended person by the other.

Litigation: Examples

The objective of civil litigation cases is usually dispute resolution of private law issues concerning individuals, business entities, or non-profit organizations.

Some of the examples of civil litigation are listed below:

  • Trade secret litigation

  • Patent litigation

  • Personal injury litigation

  • Debt settlement litigation

  • Discrimination litigation

  • Defamation action litigation

  • Business litigation

Litigation: Participants

There are participants, also called litigants, in the litigation process. They are the plaintiff and the defendant.

  • The plaintiff, also known as a claimant or complainant, is the one who brings a lawsuit to court.

  • The defendant, on the other hand, is the one that has to answer the complaint filed by the plaintiff in a civil litigation.

Civil Litigation Cases: Procedure

The details of a lawsuit in Los Angeles may be different from other jurisdictions as civil procedures are controlled by separate case laws, separate statutory laws, and constitutional provisions. Even the courts in a jurisdiction often have separate rules and regulations and additional differences that apply. It is of much importance that every person who gets involved in a lawsuit understands time implications and fundamental procedures, as this may possibly have serious effects on putting a limit to the trial or possibly, termination of the lawsuit.

Civil litigation lawsuits are mostly settled either outside of the court or never continue to the actual trial. However, difficulties may arise when other states get involve, applying various state laws. Also, the more parties are involved, the more complicated the litigation becomes as there is the opportunity of bringing in counter-claims and cross-claims into play and from to time, courts need to separate out parties and claims into individual suits as to avoid overlapping factual issues and promote efficiency.



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