Man is a social animal. We live in a society where we are acquainted with many people or group of people. Not every person we meet or we come across is well wisher we may end up into some disagreement or conflict. In a civilized society where such a case happens one tends to seek remedy or justice through the court of law. A suit that is taken to the courts to protect a specific right is known as Litigation. The act of fighting or defending an argument before a federal court of law is litigation. The method or mechanism by which a case is brought; a legal competition; some conflict.

TYPES OF LITIGATIONS

Litigation can be complex and may require an experienced attorney to seek advice, but it may benefit you to learn about various types of litigation first. While these types of litigation are different, many overlap these common types are as follows:

Business

Commercial and business litigation occurs when a dispute is brought before a court between individuals or business entities. Disputes may arise at any business level. They may happen between partners, shareholders, corporate owners, competing companies, lenders, sellers or between others. Certain commercial proceedings include infringements of the contract, violation of fiduciary duty, infringement of copyright, fraud, infringement of trademarks, unfair competition, compensation, defamation and construction disputes.

Public Interest

Such litigation is a very recent area of law. The courts launch these cases to defend or maintain a community's well-being. Any person or corporation whose activities damage or impede social change can be punished by law. This type of dispute often focuses on environmental, environmental and public health issues.

Personal Injury

Parties seeking such litigation are referred to the civil court to get legal remedies for losses caused by an accident. Injured plaintiffs demand punitive protection from parties whose actions has caused or deliberately injured them. Financial compensation is usually required to recover the entire of the affected party which can entail potential damages or expenses. Any typical personal injuries include car injuries and incidents at work.

Mesothelioma

The general public was aware of the substantial health hazard involved with exposure to asbestos in the 1960s. Mesothelioma refers to the cancerous condition that arises in association with agents like abestos. Mesothelioma has become so widespread as to have become a popular law procedure in mesothelioma litigation. Mesothelioma action usually takes place where businesses are intentionally exposing workers without notice or immunity to deadly agents such as asbestos. In asbestos, the common defendants include asbestos-containing component producers, manufacturing firms, mining companies and shipbuilding companies.

Civil

Civil dispute refers to legal disputes between two or more parties who pursue monetary and non-criminal settlement. Civil action is done by attorneys or litigants specialising in such litigation. Civil litigation is a broad activity and can include: property claims, product responsibility, personal injuries, intellectual property, building litigation, real estate litigation, anti-trust case, medical miscarriage etc.

Patent

When a party violates the patent or trademark of another party, the infringed party may lodge a suit in order to enforce its patent rights and seek illegally to use its patent or trademark. These patents or trademarks may be intended for inventions, devices or systems. In general, if a party makes or sells without authorization the patent holder's invention, then the patent holder may sue and usually pursue a financial solution.

The Process

When a party starts a legal case, he or she enters a litigation process. Under the separate laws of civil proceedings controlling state and federal courts action, lawsuit includes a sequence of steps leading to legal proceedings and eventually to settlement of the case. Before filing a complaint, the party considering the lawsuit (called the plaintiff) usually requests that the person responsible for the supposed damage (called the defendant) carry out some steps to settle the dispute. In the event the request is denied or dismissed, the complainant may commence the proceedings by serving copies of an appeal and complaint and submitting the complaint to a civil court. The lawsuit must claim and attribute the claimed injury to the defendant and apply for financial damages or equal relief. When the case against the defendant is not resolved, the complainant must start the discovery proceedings. This means that written inquiries (called questionnaires) are submitted to the complainant requesting information about the case in question.

With the deposition reported by a court reporter, the complainant may depose the defendant and others in respect of the cases. The applicant can also submit a copy of the records for inspection. If the dispute begins, the accused is therefore allowed to use discovery to find more about the complainant's situation. The discovery process can take weeks, or years, depending on the complexities of the case and the degree of collaboration between the parties. Upon completion of the discovery, most courts compel the parties to attend the arbitration meeting to decide if the matter can be settled before trial. If the sides cannot find a settlement, the proceedings will fail. Almost or on trial day, one or more sides sometimes make mediation deals in order to stop trials in court (which are often costly and protracted). The dispute ends until a settlement has been reached.

If the sides cannot now settle their disputes, a hearing will take place. At the courtroom, both parties are allowed to include the necessary facts which can help demonstrate the truth of their positions to the jury or judge. The defendant may proceed to resolve the case immediately if the complainant makes a compelling case. On the other hand, the defendant could request the court to dismiss the case if a complainant presents a poor case. When the trial ends, then the jury or the judge (if a jury trial has been rejected) must determine the winning party.

If the defendant loses the case, it might be possible for the defendant to petition the judge to dismiss the judgement of the jurors if the proof does not justify the ruling or for the defendant to ask the plaintiff to mitigate the damages. The Court is entitled to accept or reject those petitions.

Once a definitive decision has been taken at the tribunal, the losing party will, within a defined period of time, appeal the decision. The federal and state courts have intermediate appeals that hear the greatest number of civil appeals. The appeal court examines the cases of the parties to appeal and decides if the trials have been properly conducted by the proceedings. Once an appeal court makes a ruling, normally by way of opinions, the opposing party may appeal to the State Supreme Court where the proceedings have been brought to a court of law or the US Supreme Court where the proceedings have taken place in a federal court. Following the rules of the supreme court on the matter, the ruling is final.

If an agreement has been reached, the dispute ends. The dominant party is then allowed to claim fines or other remedies from the opposing party. Since the losing party is granted relief, the party shall be entitled to obtain a satisfactory judgement from the dominant party which is submitted to the Court of Justice.

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