Litigation is the process of resolving disputes between parties through the court system. It involves bringing a legal action or lawsuit before a court to adjudicate the rights and obligations of the parties involved. Litigation typically begins with the filing of a complaint by the plaintiff, which sets forth the legal and factual basis for the claim, and proceeds through various stages, including pre-trial discovery, motion practice, trial, and, if necessary, appeal. The parties may engage in negotiation, mediation, or other forms of alternative dispute resolution to reach a settlement before or during the litigation process. Litigation may involve civil matters, such as personal injury claims, contract disputes, or property disputes, as well as criminal matters, where the government prosecutes individuals accused of committing crimes. The litigation process is governed by procedural rules and principles of substantive law, and it aims to achieve a fair and just resolution of the dispute based on the merits of the case and applicable legal standards.
a legal proceeding in a court; a judicial contest to determine and enforce legal rights.
The process of bringing and pursuing (litigating) a lawsuit.
- The process of taking legal action.
- legal The conduct of a lawsuit.
Litigation is the process of settling a controversy or lawsuit in court to resolve disputes. Cases are most often settled out of court by agreement or negotiation, but if not, they can be heard by a jury or judge in court.
Most claimants who decide to file a lawsuit and litigate an issue will hire a lawyer to file the complaint, because the rules of civil procedure, whether established by Federal, state or local law, and strict court formalities make it difficult for a claimant to proceed with their own litigation.
If you have been injured from the negligence of another person or if you have injured another person in a car accident or an accident at your home the first step is to review your insurance policy to see what type of coverage you may have and the money available to compensate the victim. Next, it is generally best to talk to a lawyer about litigation.
In some type of litigation cases such as personal injury, the lawyer generally works on a contingency fee basis and is not paid unless you win. If you win they recover a portion of your settlement. If you lose the lawyer is not paid.
Litigation is the process of resolving disputes between parties through the court system. It involves filing or responding to a lawsuit, participating in pre-trial procedures, presenting evidence in court, and obtaining a judgment or settlement.
Litigation can involve various types of disputes, including contract disputes, personal injury claims, employment disputes, business disputes, family law matters (such as divorce and child custody), real estate disputes, and civil rights violations.
The stages of litigation typically include pre-trial procedures (such as filing a complaint, responding to the complaint, and discovery), trial, and post-trial procedures (such as appeals and enforcement of judgments).
Attorneys represent their clients’ interests throughout the litigation process by providing legal advice, preparing legal documents, conducting legal research, negotiating settlements, and advocating on behalf of their clients in court.
The duration of litigation varies depending on factors such as the complexity of the case, the court’s caseload, the willingness of parties to settle, and the availability of evidence and witnesses. Some cases may be resolved relatively quickly, while others may take months or even years to conclude.
Discovery is the process by which parties in a lawsuit exchange information and evidence relevant to the case. It includes methods such as depositions, interrogatories, requests for production of documents, and requests for admissions.
A settlement is an agreement reached between parties to resolve a lawsuit without going to trial. Settlements may involve payment of damages, changes in behaviour or practices, or other terms negotiated by the parties.
If a case goes to trial, the parties present their evidence and arguments to a judge or jury, who then make a decision based on the law and the facts presented during the trial.
Yes, parties dissatisfied with the outcome of a trial may have the option to appeal the judgment to a higher court. The appeals process allows for a review of legal errors or mistakes made during the trial.
The cost of litigation varies widely depending on factors such as the complexity of the case, the amount of time and resources required, and the fees charged by attorneys and other legal professionals. Litigation expenses may include attorney’s fees, court costs, expert witness fees, and other related expenses.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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