Litigation: Its Background And Types
Litigation law refers to the rules and practices involved in the resolution of disputes in the court system. The term litigation is often times associated with tort cases, however litigation can come about in all kinds of cases, from contested divorces up to eviction proceedings. Commonly people synonymously interchange litigation with trial work, but litigation process begins long before the first witness is called to testify. In fact, the wide majority of litigated cases never reach the inside of a courtroom.
To those looking to determine if a legal matter falls within the category of litigation, consider first if a lawsuit would solve the matter. If so, the case qualifies as litigation, and an attorney practicing in this area should be retained. If there is no potential for a lawsuit, because there is no controversy or because all of the parties are in agreement, then the issue cannot be described as litigation. Most non-litigation matters, such as property sales, estate planning, business formations, etc., are handled by attorneys practicing transactional law.
The best way to understand litigation law is to become familiar with the basic stages of a lawsuit. In most tort cases, such as a negligence lawsuit stemming from an automobile accident, the Civil Rules of Procedure in force in that jurisdiction will apply. These rules provide the legal requirements the parties must comply with at each step in the litigation process. Other types of cases may have their own specific procedural rules for the litigants to follow, but the same general outline will apply. The best way to comprehend
Litigation Support
What litigation support refers is the process that speeds up or assists a legal professional in carrying out their intended legal strategy. As an organizational process, litigation support is the process that lends information regarding previous rulings, precedents and intricacies associated with the field of law in question. Litigation support facilitates all legal professionals with the obtainment of pertinent information.
Business Litigation
The field of law that deals with disputes between individuals and businesses or between two business entities is known to be business litigation. All businesses, in addition to carrying out legal practices, must operate under a code of ethics. If a business fails to do this and directly harms a client or precipitates the loss of finances the individual has a legal right to pursue business litigation. Cases that fall in this field primarily seek financial settlement, or in some case, a criminal sentence for the immoral business being questioned.
Commercial Litigation
Commercial litigation is an area of law that concerns itself with legal disputes involving commercial businesses or companies. The disputes that these entities are typically involved with are disagreements regarding finances or the obtainment and management of property. To settle these disputes, a legal professional who is well-versed in commercial litigation will attempt to reach a settlement without the inclusion of the local courts system. Commercial litigation focuses on the disputes over drafting contracts, mergers between corporations, and various real estate laws.
Public Interest Litigation
Public interest litigation covers all incidents, wrong-doings, or legal situations that affect the well-being of a community. As distinguished from other forms of litigation, public interest litigation cases are initiated by the court systems themselves. The particular field of law is relatively new, nevertheless, it has long been a crucial aspect of environmental law. Any action by a corporation or individual that damages a necessity or inhibits the progress of society is punishable under public interest litigation.
Personal Injury Litigation
The legal processes initiated to realize a dispute in cases involving personal injuries refers to personal injury litigation. It is typical that an individual who seeks personal injury litigation is doing so to recoup monies lost from an injury. Though many times these settlements are concrete, many cases involve the payment of abstract losses such as loss of wage or opportunity costs associated with a personal injury. Personal injury litigation arises from a negligent or deliberate action by one party that leads to a physically injury of another party.
Mesothelioma litigation
Mesothelioma is a cancerous disease that results from prolonged contact with deadly agents such as asbestos. As a result of the disease’s prevalence, mesothelioma litigation is a common legal practice. The field primarily deals with company’s who expose their employees to asbestos without a formal warning or protection against the causative agent. This particular field of law employs mesothelioma experts and professionals who are well-versed in the corporations that deal with asbestos.
Civil Litigation
The field of law that processes court appearances and legal procedures for disputes between two or more entities where compensatory damages or specific performances are sought is called civil litigation. The primary character associated with civil litigation as distinguished from other types of litigation is that cases in this particular field do not incorporate criminal sanctions or criminal cases. As a result of the field’s density, civil litigation encompasses a wide range of legal disputes.
Public Defender
A public defender is also known as a public agent that legally represents individuals in both criminal and civil cases. A public defender can be assigned by a local government or a federal agency. The legal representation is offered to individuals who cannot afford costly legal representation otherwise. The United States Constitution offers all American citizens a right to representation and a public defender is the vehicle that carries out this right.
Federal Public Defender
Public defenders can be offered to convicted individuals through a state or local government and through the United States’ federal government. A Federal public defender is offered to an individual accused of a federal criminal offense. Federal public defenders operate in two distinct models, both in an administrative role and through the direct representation of a federal agency.
Litigation support services
In essence, a litigation support service company is a middle man for legal professionals. A litigation support service company provides legal representatives, clients, and paralegals with essential documents and information in relation to their particular legal matters. Varying state laws, particulars associated with the case, specifics of the particular matter, and court precedents are obtained through an electronic database that litigation support services possess. The litigation support company utilizes resources and databases to expedite the information- gathering process associated with disputes and court cases.
Litigation solicitors
Though recently it has become obsolete in the United States, litigation solicitors are forms of legal aid that are common in many jurisdictions. A litigation solicitor serves as a legal representative that deals directly with clients and their legal matters. Litigation solicitors in the United States, however, are synonymous with government lawyers or legal representatives. Litigation solicitors are found on both the local and federal level.
Patent Litigation
Patent litigation is the process associated with trademarks and patents. Primarily, the procedures in patent litigation deals with patent-infringement described as the illegal use or marketing of a previously invented asset, program or goods. Typically, patent litigation is initiated by the party that feels cheated through the copying of their invention. Through patent litigation, the accusing party commonly seeks a financial settlement or some form of closure associated with the use of their invention.
