The Litigation Process
What is Litigation?
The ultimate legal method for settling controversies or arguments between and among persons, administrations, and the State. Litigation is one way that people and firms resolve disagreements by bringing out a claim from beginning to end through the form of litigation. Litigation includes all legal paperwork filed at the court upon commencement of the lawsuit, negotiations between parties, the Discovery process, mediation and trial.
There are usually two types of legal cases. Criminal cases involve a charge prosecuted by a governmental body that some individual broke a criminal law and should be punished. Civil cases involve private disputes between individuals where damages or some other remedy is requested.
In a criminal case, the government pursues to enforce consequences upon an individual for violating the law. Those consequences can include fines, loss of liberty or even death. The purpose of the consequences varies from revenge, deterrence, rehabilitation or incapacitation to protect the community.
A civil lawsuit differs in that it is to resolve matters between private parties. One person believes another has harmed him, and the courts are available to resolve the problem.
What is Civil Litigation?
Civil litigation is a process which deals with affairs between people, such as a marital or an agreement dispute and it differentiates lawyer Court work in the non-criminal stream of activities in law. Civil laws are made by representatives, not through decisions rendered by judges.
The Four Main Civil Litigation Steps
- Pleadings: Each party in a lawsuit files primary papers, known as “pleadings.” The pleadings explain each party’s side of the argument. This step begins when the plaintiff files a complaint with the court and has it officially delivered to the defendant. The defendant then has a certain amount of time to provide the court with an answer, which contains any defences that the defendant has to the claim and can also include a counterclaim.
- Discovery: Discovery is one of the most important and lengthy civil litigation steps. Discovery is the method by which parties gather relevant information from each other or from third parties.
- Trial: At trial, the parties present evidence in support of their claims or defences to a jury and/or judge. Following the presentation of evidence, both parties make their closing arguments. Then, the jury or judge takes everything into account and makes a decision.
- Appeal: The losing party may file an appeal if they believe the outcome was incorrect legally. During this step in litigation, the dissatisfied party requests that a higher court take a look at the trial’s proceedings.