What Is the Meaning of Litigation?
The word "litigation" refers to a lawsuit in court before a judge and/or jury. Litigation is used by people, companies and organizations to resolve disputes. The term "litigation" helps in distinguishing civil lawsuits from arbitrations, mediations and other dispute resolutions.
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History
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Archaeologists have discovered evidence of litigation in the hieroglyphics of ancient Egypt, Chinese ideographs and ancient Roman and Greek scrolls. According to Daniel N. Steven's 2001 article "A Very Brief History of Litigation," the United States based its current system of litigation on the common law systems of old England and the civil law systems of Europe. The English method featured litigation in front of a jury, while the European system used only a judge. Both styles can currently be found in different types of litigation in the United States.
Types of Litigation
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Litigation covers a broad range of disputes and disagreements. They include disputes involving environmental law, landlord/tenant, breach of contract, civil rights, insurance claims, collections claims, personal injury, intellectual property, medical malpractice and products liability. For example, if you wish to sue someone for injuries you sustained in a car accident, you become a litigator and are involved in a litigation.
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The Litigation Attorney
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Litigation attorneys, also called trial lawyers and litigators, represent the parties involved in litigation. The plaintiffs and defendants are represented in many types of litigation. However, the parties appear without representation in a few circumstances such as small claims cases. Litigation attorneys perform initial case investigations, case assessments, drafts pleas, discovery, pretrial preparations and trial duties, and help with settlements and file appeals.
Stages of Litigation
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Seven basic stages define the litigation process. Investigation discovers whether or not there are grounds for civil litigation. Pleadings form the official allegations and defenses of each party involved in the litigation. Discovery allows the exchange of documents and information between the two parties to uncover all of the facts relevant to a case. The pretrial stage often lasts the longest, because this is when interrogations are conducted, information is fact checked and witnesses are identified. The case is essentially built by the litigators during the pretrial stage. The settlement stage can occur before a case goes to trial or when the judge or jury issues the final verdict. A case can be settled out of court or the judge or jury can determine the settlement. An appeal occurs when the losing side feels that there are legal grounds for appealing the judge- or jury-appointed settlement.
Burden of Proof
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Regardless of the type of litigation or the events that lead up to a litigation, courts generally act under a common law tradition of burden of proof. The party bringing the litigation, often called the plaintiff, must present evidence that proves the case. Legal arguments against the proof exhibited can't be made; only the facts are considered. Sometimes the burden of proof is set aside and instead there is a burden of going forward and a burden of persuasion. In these cases, there may not necessarily be hard facts that prove the case. A standard of proof is held that requires the burdened party to persuade the court using a preponderance of the evidence, says George S. Jackson in "The Burden of Proof in Tax Controversies." In these cases, the burdened party must only show that his case is more likely than not true.
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References
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