Litigation

Litigation in the United States

A lawsuit that is contested in a court. Litigation is a civil legal action initiated for the purpose of enforcing a legal right or securing some kind of legal remedy. Litigation is a controversy that is taken all the way to trial and is decided on the basis of evidence presented to a judge or a jury. The objectives of litigation are reflected in the kinds of relief or remedy sought in court. A large number of litigants want to restore something to a previous status. Such litigation typically involves return of money or property that previously belonged to the plaintiff. Damages, which attempt to obtain some kind of compensation for a loss, are closely related . If a person is injured in some kind of accident, compensation may be recovered for losses suffered beyond the medical costs. Damages may also be sought for injury to reputation or for mental suffering. In addition, litigation may take place in an effort to require someone to take some action or stop certain action. An action seeking to restrain a company from emitting pollutants oF infringing on a patent are examples of this kind of litigation. Finally, litigation may seek to define or clarify legal rights. For exam-ple, litigation may be instituted to stop enforcement of a law that a group feels is interfering with its constitutional rights.

See Also

DISPUTE RESOLUTION, 1 3; Judicial Function (Judicial Function).

Analysis and Relevance

Litigation is one mode of dispute resolution, but it has its drawbacks and seldom do cases filed with the courts progress all the way to the trial stage. Litigation is costly, and other methods of dispute resolution may be sought for that reason. In addition, actual trial of a dispute places an “all or nothing” decision in the hands of a third party, a judge or jury. Taking a lawsuit to conclusion also reduces the possibility that the parties can maintain any kind of relationship following litigation. Alternatives to litigation exist, such as< private negotiation, mediation , or arbitration, and the data suggest that the alternatives are attractive to litigants and potential litigants. While the number of case filings has increased dramatically since the early 1970s, the actual number of contested trials has not increased proportionately. These data clearly show that cases are increasingly likely to be resolved or settled without taking litigation full course.

Notes and References

  1. Definition of Litigation from the American Law Dictionary, 1991, California

Litigation Definition

A contest, authorized by law, in a court of justice, for the purpose of enforcing a right.

Litigation in Foreign Legal Encyclopedias

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Litigation Litigation in the World Legal Encyclopedia.
Litigation Litigation in the European Legal Encyclopedia.
Litigation Litigation in the Asian Legal Encyclopedia.
Litigation Litigation in the UK Legal Encyclopedia.
Litigation Litigation in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Litigation

Scan Litigation in the appropriate area of law:

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Litigation Litigation in the Family Law Portal of the American Encyclopedia of Law.
Litigation Litigation in the IP Portal of the American Encyclopedia of Law.
Litigation Litigation in the Commercial Law Portal of the American Encyclopedia of Law.
Litigation Litigation in the Criminal Law Portal of the American Encyclopedia of Law.
Litigation Litigation in the Antritrust Portal of the American Encyclopedia of Law.
Litigation Litigation in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Litigation Litigation in the Constitutional Law Portal of the American Encyclopedia of Law.
Litigation Litigation in the Tax Law Portal of the American Encyclopedia of Law.
Litigation Litigation in the and Finance and Banking Portal of the American Encyclopedia of Law.
Litigation Litigation in the Employment and Labor Portal of the American Encyclopedia of Law.
Litigation Litigation in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Litigation Litigation in the Environmental Law Portal of the American Encyclopedia of Law.

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Litigation in the Dictionaries Litigation in our legal dictionaries
https://lawi.us/litigation The URI of Litigation (more about URIs)
Litigation related entries Find related entries of Litigation

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Legal Issue for Attorneys

A contest, authorized by law, in a court of justice, for the purpose of enforcing a right.

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Notice

This definition of Litigation Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Crib Death Litigation

This section examines the Crib Death Litigation subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Exploding Bottle Litigation

This section examines the Exploding Bottle Litigation subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Litigation Before Department of Veterans Affairs

This section examines the Litigation Before Department of Veterans Affairs subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Litigation Between Association Members for Breach of Condominium Provisions: Noise

This section examines the Litigation Between Association Members for Breach of Condominium Provisions: Noise subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Litigation Concerning Religion in Workplace

This section examines the Litigation Concerning Religion in Workplace subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Litigation of Collision-Caused Automobile Fuel Tank Fire Cases

This section examines the Litigation of Collision-Caused Automobile Fuel Tank Fire Cases subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Litigation Regarding Antidepressant Medications

This section examines the Litigation Regarding Antidepressant Medications subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Litigation Under Freedom of Information Act

This section examines the Litigation Under Freedom of Information Act subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Litigation Under the Federal Employers Liability Act

This section examines the Litigation Under the Federal Employers Liability Act subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Litigation Under the Freedom of Information Act

This section examines the Litigation Under the Freedom of Information Act subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Litigation Under the Privacy Act

This section examines the Litigation Under the Privacy Act subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Main Elements

Litigation Defined

Litigation law refers to the rules and practices involved in resolving disputes in the court system. The term is often associated with tort cases, but litigation can come about in all kinds of cases, from contested divorces, to eviction proceedings.

Demand Letters and Initial Negotiations

In a typical legal dispute, the parties will first discuss the matter with each other directly. Once it becomes clear that a common understanding will not be reached, one or both sides will retain an attorney.

Filing a Lawsuit and Conducting Discovery

If a dispute cannot be put to rest through the initial negotiations, then one party will file a formal lawsuit. If either party has not yet hired an attorney, now is the time to do so.

Motions, Trial, and Appeal

The next step in the litigation process is for the parties to review everything they learned in discovery, at which point the defendant will likely file a motion for summary judgment. Basically, the defendant argues to the judge that even if the plaintiff’s factual contentions are true, the law does not recognize the situation as one in which the defendant will be held responsible.

Hiring a Lawyer

Even in small disputes, an experienced litigator can give one party the upper hand. If the people affected or interested have been sued, or if the people affected or interested need to enforce their legal rights, merely hiring a lawyer may lead the other side to think twice.

Resources

See Also

  • Legal Topics.
  • Citizen Suits; Consensus Building; Enforcement; Laws and Regulations, International; Laws and Regulations, United States; Mediation; Public Policy Decision Making; Regulatory Negotiation.

    Further Reading (Articles)

    The Litigation Finance Contract, William and Mary Law Review; November 1, 2012; Steinitz, Maya

    HB Litigation Conferences Hosts: Madoff Ponzi Scheme Litigation Seminar May 13 in Palm Beach.(Conference news), Science Letter; March 31, 2009

    LITIGATION FUNDING: War chest., The Lawyer; June 22, 2009

    Litigation Support Engagements: If you can handle the pressure, litigation support engagements can be varied and lucrative., The Practical Accountant; December 1, 2005; Stimpson, Jeff

    Litigation.(discusses the court system in the Cayman Islands), Mondaq Business Briefing; November 3, 2003

    Litigation support, Pennsylvania CPA Journal; April 1, 2002; Peroni, Paul J Blum, Steven G

    The litigation trustee: A major new tool for creditors’ committees, American Bankruptcy Institute Journal; March 1, 2001; Pollner, Martin R Socolow, Brian R

    Minimising Litigation Risk., ACN Newswire; May 5, 2012

    Litigation or Mediation – Choice Can Cost; Mark Elder, Partner and Head of Commercial Litigation at the Birmingham Offices of Law Firm Irwin Mitchell LLP, Looks at the Merits of Litigation and Mediation in the Dispute Resolution Process. He Is Also an Accredited Mediator with ADR Group, The Birmingham Post (England); February 4, 2010

    Litigation Funding Survives a Legal Challenge in the High Court, Mondaq Business Briefing; October 10, 2012

    Asbestos Litigation – Where We Have Been, Where We Are Now, Where We Are Going., Mondaq Business Briefing; March 19, 2008

    Litigation Support: Can I get a witness?: CPA firms strive to meet the rising demand for litigation support services.(certified public accountants), Accounting Today; August 20, 2007; Gold, Liz

    MINIMIZING LITIGATION PAIN, Pharma; March 1, 2011; di Brozolo, Luca G Radicati

    Litigation Funding Now (Lightly) Regulated, Mondaq Business Briefing; July 22, 2012

    Is Litigation Management Cost Control? (Details), Risk Management; June 1, 2002; Boutot, Michael R.

    Litigation for sale. (litigation investment companies), University of Pennsylvania Law Review; April 1, 1996; Dobner, Ari

    HB Litigation Conferences Announces Conference and Two Teleconferences on Chinese Drywall Litigation and Insurance.(Conference news), Science Letter; May 19, 2009

    Leveraging Litigation: How Shareholders Can Use Litigation Leverage to Double-Down on Their Investment in High-Stakes Securities Litigation, Stanford Journal of Law, Business & Finance; October 1, 2010; Gojkovich, Lauren Deysher

    LITIGATION: The fight for good fights., The Lawyer; August 2, 2010

    Litigation Funding: Third-Party Funders Come to the Aid of Finance Directors Seeking to Reduce the Risk of Litigation and Control the Costs, Financial Management (UK); December 1, 2012; Spiteri, Mark

    Litigation Definition in the context of the Federal Court System

    A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

    Litigation: Open and Free Legal Research of US Law

    Federal Primary Materials

    The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Litigation. This part provides references, in relation to Litigation, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

    Federal primary materials about Litigation by content types:

    Laws and Regulations

    US Constitution
    Federal Statutory Codes and Legislation

    Federal Case Law and Court Materials

    U.S. Courts of Appeals
    United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

    Federal Administrative Materials and Resources

    Presidential Materials

    Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

    Executive Materials

    Federal Legislative History Materials

    Legislative history traces the legislative process of a particular bill (about Litigation and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Litigation or other topics), or locating the current status of a bill and monitoring its progress.

    State Administrative Materials and Resources

    State regulations are rules and procedures promulgated by state agencies (which may apply to Litigation and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Litigation. Finding these decisions can be challenging. In many cases, researchers about Litigation should check state agency web sites for their regulations, decisions, forms, and other information of interest.

    State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

    State opinions of the Attorney General (official written advisory opinions on issues of state law related to Litigation when formerly requested by a designated government officer):

    Tools and Forms

    Law in Other Regions

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