Litigation & Appeals
Litigation is the process of asserting one’s legal rights before a court with the intention of seeking redress, such as monetary payment or penalties to another party. A specific case of litigation is referred to as a lawsuit. Litigation is a form of civil law, the branch of the legal system dealing with contentions between private individuals; it is distinct from criminal law, where an individual disputes representatives of the government. Lawsuits commonly involve allegations of fraud, accidental or willful damage to person or property, or wrong done to an individual through a contract such as a business arrangement or will.The Litigation Process
The initial phase in an act of litigation is to file a complaint (or pleading) with a court, laying out the specific terms of the wrong done to the plaintiff and the precise recompense that he or she expects. The court will then issue a summons to the sued party or parties, who are given the opportunity to issue a response to the pleading. The court thereafter arranges for a trial, in which evidence is presented by both sides, and statements made summarizing their cases. Lawsuits are often arbitrated by a pre-selected jury, but in certain cases the parties may agree to waive their jury rights, or the case may not be applicable for a trial by jury, in which case it will be heard by the presiding judge. At the close of the trial, a decision is rendered and redress is either denied or granted.
Litigation is an enormously complicated process, with rules of procedure varying widely in different courts and jurisdictions. A would-be litigant is thus usually advised to seek the advice of a lawyer as the first step towards filing a lawsuit. In relatively simple cases a knowledgeable plaintiff may represent his own case; this is referred to as appearing pro se. Occasionally, courts provide the services of a pro se clerk to assist such plaintiffs in filing paperwork and to serve as a legal reference.
Reaching a Court Settlement
Litigation is commonly settled by an arrangement out of court, before the trial can come to completion. It is also occasionally ended early by act of summary judgment, in which a motion is made to the judge to instantly rule on one person’s behalf on account of the other party simply having no credible case or defense.
If the losing party feels that he or she has been wronged, or if the winning party feels the compensation granted was insufficient, either may attempt to appeal the judgment, submitting it before a special court for the hearing of appeals, known as an appellate court. The appellate court has the option to reaffirm the original verdict, to reverse it, or to simply order the entire case to be retried.
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