Litigation in Legal System

Abstract?

Litigation refers to the process of resolving disputes by filing or answering a?complaint?through the public court system.??In federal courts, litigation is governed by a number of federal rules: the Federal Rules of Civil Procedure, the?Federal Rules of Criminal Procedure, the?Federal Rules of Appellate Procedure, the?Federal Rules of Bankruptcy Procedure, and the?Federal Rules of Evidence. ?These are supplemented by the local rules of each court and the standing orders of judges. 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.

Pre-Lawsuit Litigation

Before filing a lawsuit, certain types of pre-lawsuit litigation are usually initiated by the plaintiff. Typically, this involves making demands that the party that caused the alleged injury (the defendant) take action to resolve the issue. If the defendant does not resolve the issue and the plaintiff has decided to defend their legal rights, litigation has begun. Typically, this involves the plaintiff hiring an attorney to represent them.

Attorneys usually participate in any number of pre-lawsuit?litigation?activities. These can include a variety of different things, from making formal written demands to the defendant, demanding compensation from the defendant, or filing an eviction notice with a local court.

Trial

Although 90 percent of?litigation?cases aren't taken to trial, it still occurs often. In a trial, each party presents its case before the jury. The plaintiff presents their case first, and then the defendant is allowed to defend their case against the allegations. After each party makes a claim, the other party has the option to respond to or defend the previous claim. Once both parties feel they've adequately demonstrated their cases, they rest their cases.

What Is the Process of Litigation?

Not all cases go to trial. In fact, most litigation cases involve initial activity by the attorneys or lawyers, and then a long period (months or years) of exchanging legal demands, threats, and the like until the parties begin negotiating a settlement. Settlement negotiations are based on the type of complaint and probable outcome for each party. Only if a settlement cannot be reached does a case go to trial. After a trial, there may be a long appeal process as well.

Litigation may also include pre-lawsuit negotiations, facilitations, appeals, and arbitrations. Litigation may turn these disputes into resolutions through the public court system. Litigation as governed by the federal courts includes a number of federal rules. These are in addition to the rules of local courts and the standing issues from judges.

What kind of cases can be resolved using litigation?

There are a wide range of cases which can be resolved using litigation. These can include:

• Commercial disputes e.g. claims for breach of contract such as damaged goods or recovery of debts;
• Matrimonial matters e.g. determining the extent of a spousal claim in a divorce action;
• Claims against the state e.g. A judicial review of a planning decision;
• Personal injury claims e.g. monetary claims arising out of an accident where a person suffered harm;
• Employment disputes e.g. a claim for wrongful dismissal.

Facilitation

?Facilitation is typically the least formal of the three alternative dispute resolutions mentioned here. It involves an unbiased attorney (or sometimes, panel of attorneys) that helps the two parties negotiate and can decide on certain disputed facts or offer estimations of actual value of damages. The goal of any alternative dispute resolution is an out-of-court settlement.

Mediation?

Still an informal affair, mediations are similar to facilitations in many ways. An attorney, or panel, reviews facts, helps negotiate between parties, and seeks a settlement out of court. At the end of mediation or facilitation, the mediator will often set a specific dollar value on the case. This number can then be agreed to by both sides, or the case can move further towards the courtroom — and high expenses.

What is the difference between a lawyer and a litigator??A common question, the simple answer is that all litigators are lawyers but not all lawyers are litigators. There are lawyers who do business law, oversee contract signing, or numerous other duties that do not involve resolving or fighting disputes. A litigator is a type of lawyer whose sole job is representing parties in legal disputes.

Primary Procedures in a Civil Case

1. Investigation is the first step. Without any possible claim that injury has occurred, litigation has little to offer.
2. By filing a complaint with the clerk of the court, the plaintiff initiates legal action.
3. The defendant's?personal jurisdiction?is obtained.
4. The opposing parties meet and discuss with each other to define problems, consider settlement, and prepare for discovery and disclosure.
5. The court orders an early pretrial conference or scheduling order.
6. The defendant files motions.
7. The defendant files an answer.
8. Each party discloses relative documents; the discovery period progresses.
9. Additional motions may be filed.
10. The final pre-trial conference is held by the court.
11. The court conducts trial.
12. The judgment is rendered, signed, and filed by the court.
13. Post-trial proceedings may occur.
14. An appeal may be made. The court may hold judgment, depending on the nature of the situation.
15. The court considers the appeal's relative arguments.
16. The court renders a judgment based on the appeal.
17. Additional proceedings may occur.
18. The courts enforce judgment.

The Civil Procedure Rules, 1998

The litigation process is governed by?The Civil Procedure Rules 1998. This is a comprehensive set of rules which inform all aspects of the civil litigation process. The Rules prescribe the time limits within which certain steps in the litigation process must be undertaken, the correct forms to use and the obligations on the parties to litigation to narrow the issues in dispute. ?Please note that other areas of dispute, such as?matrimonial disputes, may have their own set of procedural rules to follow.

The overriding objective of the rules is to resolve disputes justly and by the most efficient means possible. Parties can be penalised for failing to comply with these rules by costs orders against them or in the most extreme cases having their claims or defences “struck out”. This means that they can no longer continue in the process and “lose” by default.

These procedural rules can be complex and while there is no obligation on parties to have legal representation, the High Court has held that litigants in person (i.e. individuals representing themselves) will not be given any special treatment in respect of their obligations to comply with the rules, court orders and timeframes.

Author's Prespective?

The American civil justice system is the most costly in the world. Litigation costs affect the ability of businesses to compete and prosper. By adding rationality and predictability to the American civil justice system and rooting out unnecessary expenses and abuse, civil justice reform can increase confidence in the economy, help businesses expand, and create jobs. Such reforms can also increase respect for the judicial system, which is too often characterized by liability that is disproportionate to responsibility, inconsistent outcomes, and jackpot verdicts.

This user’s guide to state legal reforms considers key issues confronting policymakers. For example, when government officials hire contingency fee lawyers, what safeguards will ensure that law enforcement is driven by the public interest, not the financial interest of attorneys with a stake in the litigation? What role should a business’s compliance with government safety standards play in product liability litigation? How can the law address damages that exceed actual losses, pain and suffering awards that have become the largest part of tort damages, and punitive damage “run wild”? This report answers these questions and more.