Understanding The Litigation Process
Litigation is defined as being a legal process that takes place either inside or outside a court of law. In most cases this will involve a legal proceeding between two parties (either individuals or businesses or a mix of the two) to establish the rights and wrongs of a particular legal dispute. A litigation action is commonly simply referred to by many people as a lawsuit.
So, if you take up a lawsuit against your landlord for breaching your rights as a tenant then you will go through a specific litigation process. For this reason, in some areas and countries, the lawyers that represent you in court may often be referred to as litigators. A lawyer known as a litigator will often have specific court representation experience. The aim here is to settle the lawsuit in favor of one of the parties involved and to give compensation and/or punishment as necessary.
Not all lawsuits and litigation actions actually have to go through a court process to be resolved. In some cases, if both parties agree, the lawsuit can go through some form of mediation process where an independent third party tries to help both sides come to a mutually acceptable compromise. This could mean that your lawsuit does not have to go to court to be resolved at all. So, for example, if you are suing a past employer for unfair dismissal then you might sit down with an independent employment specialist to try and reach an agreement before the courts are involved.
Most people will retain a specialist lawyer with court experience for a litigation process that does have to go to court for a ruling. The lawyer will file a motion (often known as a complaint) outlining the reasons behind the litigation process. They will also back up their complaint with background information and any compensation requirements and so on.
The same information can also be handed to the court by the other party involved in the lawsuit. In this case their information will give their perspective on the situation that led to the litigation in the first place. If you are the party making the litigation claim then you will usually be known as the plaintiff in this instance. The other party (i.e. the one that you are accusing of wrongdoing) will be known as the defendant. The onus is on you to prove your claim here and on the other party to defend their position and to potentially disprove your claim.
When you make a claim here the other involved party will be given a set period of time in which to 'respond' with their own version of events. If they do respond (and they often do not have to) then the case may go to a full court. If they have not responded then the court will consider your claim and may make a ruling without any input from the other party. In some cases the court could even set and award compensation in the absence of the defendant. - 23211
So, if you take up a lawsuit against your landlord for breaching your rights as a tenant then you will go through a specific litigation process. For this reason, in some areas and countries, the lawyers that represent you in court may often be referred to as litigators. A lawyer known as a litigator will often have specific court representation experience. The aim here is to settle the lawsuit in favor of one of the parties involved and to give compensation and/or punishment as necessary.
Not all lawsuits and litigation actions actually have to go through a court process to be resolved. In some cases, if both parties agree, the lawsuit can go through some form of mediation process where an independent third party tries to help both sides come to a mutually acceptable compromise. This could mean that your lawsuit does not have to go to court to be resolved at all. So, for example, if you are suing a past employer for unfair dismissal then you might sit down with an independent employment specialist to try and reach an agreement before the courts are involved.
Most people will retain a specialist lawyer with court experience for a litigation process that does have to go to court for a ruling. The lawyer will file a motion (often known as a complaint) outlining the reasons behind the litigation process. They will also back up their complaint with background information and any compensation requirements and so on.
The same information can also be handed to the court by the other party involved in the lawsuit. In this case their information will give their perspective on the situation that led to the litigation in the first place. If you are the party making the litigation claim then you will usually be known as the plaintiff in this instance. The other party (i.e. the one that you are accusing of wrongdoing) will be known as the defendant. The onus is on you to prove your claim here and on the other party to defend their position and to potentially disprove your claim.
When you make a claim here the other involved party will be given a set period of time in which to 'respond' with their own version of events. If they do respond (and they often do not have to) then the case may go to a full court. If they have not responded then the court will consider your claim and may make a ruling without any input from the other party. In some cases the court could even set and award compensation in the absence of the defendant. - 23211
About the Author:
Richard Banbury helps people learn about securing a houston accident attorney at his website on finding a houston injury attorney.
posted by X - Men @ 5:55 AM
0 Comments
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home