Litigation and Appeals
Litigation is the act of bringing a case to court to settle a dispute. The term describes the actual legal process where parties argue their case against each other in our court system. Parties in a case involved are called lit
Litigation and Appeals
Litigation is the act of bringing a case to court to settle a dispute. The term describes the actual legal process where parties argue their case against each other in our court system. Parties in a case involved are called litigants. Each party assembles its argument supported by findings and facts. Litigants, usually called plaintiff and defendant, utilize the discovery process and other court procedures to build their case before trying it in front of a judge or jury.
Types of Legal Cases
There are generally two types of legal cases. Criminal cases involve a charge prosecuted by a governmental body, seeking punishment for the violation of a criminal statute. Civil cases, meanwhile, involve private disputes between individuals where damages or some other remedy is requested.
There are many circumstances that can lead to a lawsuit, running the gambit from being injured, to having a dispute with a business. While filing a lawsuit is not a decision to take lightly, it sometimes can be the best (or only) avenue to resolve a dispute.
No matter the reason, going to court can be an intimidating experience. But knowing more about how courts work can go a long way toward alleviating the stress involved.
The Litigation Process: From Filing to Trial
Before a lawsuit is filed, the plaintiff typically demands that the defendant perform certain actions that will resolve the conflict. If the demand is refused or ignored, the plaintiff may start a lawsuit by filing a complaint in court and serving copies of it and a summons on the defendant. The complaint must state facts and the law showing the alleged injuries and attribute them to the defendant, and request money damages or equitable relief.
If the case doesn't settl