In a lawsuit the parties are known as plaintiffs, defendants, applicants, petitioners and/or respondents, but they are all considered litigants during an ongoing trial. In most, but not all matters, the litigants may represent themselves in a lawsuit. However, when they do retain legal counsel, their attorneys are known as litigators. This is often the wiser choice because litigation law encompasses several difficult and complicated legal procedures which calls for the expertise of a knowledgeable litigator with the skills and experience required to successfully navigate the laws, rules and policies that govern the litigation process.
Although historically litigation has been the more common method used for corporate entities and individuals to resolve legal disputes, alternative dispute resolution (ADR) is increasingly becoming a prevalent option. Unlike litigation, which requires a jury or a judge to make a legal determination when disputes arise, mediation and/or arbitration allows for the parties to talk things out and attempt to resolve the issues without court intervention.
Litigation Law Definition
Litigation covers the process of bringing and pursuing a lawsuit, and encompasses the entire procedure. A lawsuit is a case or controversy authorized by law, to be decided in a court of justice, brought by one person or entity against another person or entity for the purpose of enforcing a right or redressing a grievance.
Litigation is one way that people and corporate entities resolve disputes. The parties rely on a judge or jury to determine a legal question or matter. The term litigation is sometimes used to be distinguishable from alternative dispute resolution (ADR) methods, such as mediation or arbitration. Visit Us at Google+ Copyright AdvocatesOffice.com
Litigation Law - US
- ABA - Courts and Legal Procedures
Law and the courts are everywhere?on the front page news, in best-selling thrillers, on Court TV and network shows about lawyers. Famous trials are a great subject, full of human drama, but how many of us really understand the work that courts do and how they operate? Here?s a quick primer, with links that will help you go more deeply into the subject.
- ABA - Section of Litigation
The ABA Section of Litigation is the premier association for lawyers involved in litigation and trial practice. More than 50,000 lawyers representing countless areas of practice turn to the ABA Section of Litigation for member-only access to the latest news, information, and thinking on legal strategy, bringing all sides to one place to form a comprehensive view of the profession.
- Appellate Procedure - Overview
Appellate procedure consists of the rules and practices by which appellate courts review trial court judgments. Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law, achieving a uniform approach across courts, and the pursuit of justice, more generally.
- Civil Procedure - Overview
Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or group against another and are to be distinguished from "criminal trials," in which the state prosecutes an individual for violation of criminal law.
- Class Action Lawsuits
The purported purpose of class action lawsuits is to give the common man the ability to take on the largest corporate or private entities (who can afford the very best legal services) and have a chance of redressing the wrong done by these entities.
- Class Action Litigation Information
Class Action Litigation Information is a service provided by Timothy E. Eble, P.A. This website is maintained to provide a useful legal research source for attorneys. It is also maintained as a free service to assist the public in understanding class action litigation, government, and the legal system. The user should find links to numerous sources of information related to many questions that arise in the context of class action or "representative" litigation.
- Federal Class Action Fairness Act 2005
The Judicial Conference's Advisory Committee on Civil Rules requested that the FJC (Federal Judicial Center) study the effect of the Class Action Fairness Act of 2005 (CAFA) on the federal courts. The Federal Judicial Center has accordingly issued periodic reports that examine the subsequent changes in the number of class actions filed in the federal court system.
- Federal Court Rules and Policies
Federal court rules and policies are essential to carrying out the mission of the federal Judiciary. The national policy-making body for the federal courts, the Judicial Conference of the United States, the federal rules of practice that are used in all federal courts, and the Code of Conduct for judges, which addresses matters of judicial ethics are all essential to court operations and maintaining a fair and impartial federal judiciary.
- Rules of Evidence - Overview
Rules of evidence are, as the name indicates, the rules by which a court determines what evidence is admissible at trial. In the U.S., federal courts follow the Federal Rules of Evidence, while state courts generally follow their own rules.
- The Supreme Court of the United States
The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. The number of Associate Justices is currently fixed at eight (28 U. S. C. §1). Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. Article III, §1, of the Constitution further provides that "[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."
- Trial Practice: An Overview
Only a small percentage of legal disputes are litigated in a court. When litigation does occur, several areas govern the lawyers' conduct of the trial or trial practice: Criminal procedure, Civil procedure, Appellate procedure, Legal ethics. There are also specific rules of conduct that concern trial practice in particular courts. Trial practice is governed by state law in state courts and federal law in federal courts.
Litigation Law - International
- ABA - International Litigation Committee
This committee is concerned with extraterritorial jurisdiction of U.S. courts as a weapon of U.S. trade policy and in securities and other commercial disputes; anti-suit injunctions, stays and forum non-conveniens motions; comity and treaty developments as to both foreign money and non-monetary judgments; litigation in aid of international arbitrations and other international dispute resolution proceedings; disputes arising from global derivative and risk allocation markets; litigation of U.S. statutory claims (antitrust) in foreign/international tribunals; Foreign Sovereign Immunities Act amendments; and international judicial assistance (e.g., Hague Evidence and Service Conventions).
- Arbitration and Litigation Law - China
NovexCn.com was originally established as a not-for-profit enterprise in order to fill a void that was experienced by lawyers, China scholars, academics, journalists, and foreign governments. Its aim is to provide accurate, and up to date translations of Chinese laws and regulations, as well as some political, social, and economic news about China in English. Because Chinese is the controlling language for all legal matters in China, Chinese versions of each of the laws are accessible through links on the same page as the English version.
- Department for International Agreements and International Litigation - Israel
The Department for International Agreements and International Litigation was formed by a Government decision, in order to ensure the State's capacity to deal with the rapidly changing international realm. The State of Israel, like other countries, is exposed to the impact of international law and supranational law on a vast range of issues. This exposure can emanate from international agreements to which Israel is a party, customary international law, norms created in regional groups, norms created by international conventions, norms created by international organizations, by large trading blocks, and more.
- International Court of Justice
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). The Court?s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
- International Litigation - Definition
International litigation (sometime called "transnational litigation") is the practice of litigation in connection with disputes among businesses or individuals residing or based in different countries. The main difference between international litigation and domestic litigation is that, in the former, certain issues are more likely to be of significance -- such as personal jurisdiction, service of process, evidence from abroad, and enforcement of judgments.
Organizations Related to Litigation Law
- American Association for Justice
The Mission of the American Association for Justice is to promote a fair and effective justice system?and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America?s courtrooms, even when taking on the most powerful interests. AAJ is the world's largest trial bar, providing trial attorneys with information, professional support and a nationwide network that enables them to most effectively and expertly represent clients.
- American College of Family Trial Lawyers
The American College of Family Trial Lawyers is a select group of 100 of the top family law trial lawyers from across the United States. The American College was formed in 1993 to bring together some of the best trial lawyers in America practicing sophisticated and complex family law and matrimonial matters both domestically and abroad ranging from dissolution of marriage (divorce), paternity, palimony, child abduction and domestic torts. Diplomates, all members of the American Academy of Matrimonial Lawyers, are chosen based upon their recognized litigation skills and courtroom abilities.
- Centre on International Courts and Tribunals - UK
The Centre on International Courts and Tribunals was established at the Faculty of Laws, University College London (UCL), in 2002. It serves as the London home of the Project on International Courts and Tribunals (PICT), which was established in 1997 by FIELD in London and the Center on International Cooperation at New York University.
- Federal Judicial Center
The Federal Judicial Center is the research and education agency of the federal judicial system. The many specific statutory duties of the Center and its Board fall into a few broad categories: conducting and promoting orientation and continuing education and training for federal judges, court employees, and others; developing recommendations about the operation and study of the federal courts; conducting and promoting research on federal judicial procedures, court operations, and history.
- International Litigation Management Association
The concept for the International Litigation Management Association (ILMA)was begun in 1996 through the efforts of several individuals. These saw the need for carriers and self-insured corporations as well as government entities to have the ability to draw from the services of litigation service providers to help control and manage the rise in legal costs and law suits.
- National Center for State Courts
The mission of NCSC is to improve the administration of justice through leadership and service to state courts, and courts around the world. Through original research, consulting services, publications, and national educational programs, NCSC offers solutions that enhance court operations with the latest technology; collects and interprets the latest data on court operations nationwide; and provides information on proven "best practices" for improving court operations.
- US Department of Justice
Our Mission: To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.
Publications Related to Litigation Law
- Guide for Counsel in Cases to Be Argued Before the Supreme Court
This guide is designed to assist attorneys preparing cases for argument before this Court.
Articles on AdvocatesOffice.com Related to Litigation
- Orders and Awards in Commercial Arbitration and Related Court Proceedings - Canada
The authors discuss the impact of an important decision of the Ontario Superior Court concerning an arbitrator?s jurisdiction to make orders affecting non-parties and related matters. Also discussed is the enforcement of an award under section 50 of the Arbitration Act.
- Change of Claim - Indonesia
Herzeine Inlandsch Reglement ("HIR") and Reglement Buiten Govesten ("RBg") do not regulate the provisions of changing of claim. The legal basis for changing of claim is regulated under Article 127 Reglement op de Rechsvordering ("Rv").
- Exception of Competence to Judge - Indonesia
Exception, in Civil Procedural Law context, has the meaning as an objection. Exception can also be defined as a defense (plea) proposed by the defendant against the plaintiff?s claim.
- Enforcement of Foreign Judgments in Belgium
A judgment may be enforced in the Country or State of its origin. Obtaining a judgment in Country A and having to enforce it in Country B, as the debtor has its assets in that Country isn't that easy as a legal decision of a foreign State will not automatically be accepted as a legal title. Most of the time (and unless treaties have been signed to facilitate things) it will be necessary to obtain a decision of the other Country. This is called the EXEQUATUR of a foreign decision.
- Did Lawsuit Get Filed in The
Right Place?In the age of the internet, filing lawsuits has become more complicated. Consider the scenario where you order a product from a website and the company is from out of state or maybe you are working with an vendor or supplier that is located out of state. Some dispute arises and a lawsuit is imminent. Where should the lawsuit be filed?
- Video Deposition Formats - What They Are and How to ChooseThis article was written to help explain the various video formats available to attorneys after conducting a video deposition.
- New Law Provides for Quicker Resolution of Alabama Personal Injury Claims
This article discusses a new law in Alabama allowing parties to hire a private judge to preside over certain cases, including non-jury personal injury claims. In addition to providing details of the new law, this article also identifies the benefits that a personal injury claimant may reap from utilizing the new private judge system.
- Cosigner Liability in Chapter 7 BankruptcyChapter 7 bankruptcy does not erase cosigner liability. Cosigners may still have to pay your debt. Chapter 7 bankruptcy attorneys near Plano, Texas can explain.
- Defending Interests of Foreign Companies in Ukrainian Courts: Theory and Practice
Welcome to the conference hall of the Investment Company Sigma Bleyzer. We have an interesting topic for you today, a topic that is interesting in any country, but especially so in Ukraine. Our topic today is how to protect foreign investors in Ukraine and what legal support is available from professionals. My name is Alexander Pavlov, head of the Ukraine-Israel Business Council.
- New Liability for Company Officials in the Ukraine
We would like to inform you that the Law of Ukraine No. 3454 ?On Amendments to Certain Legislative Acts of Ukraine to Increase Liability for Violation of Personal Data Protection Law? comes into force on July 1, 2012. The key provision of this law establishes liability for company officials in case they fail to register personal data base with Ukrainian authorities.
- All Litigation Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Litigation including: alternative dispute resolution, antitrust and trade regulation, appellate practice, arbitration, business litigation, civil litigation, class actions, commercial litigation, corporate litigation, financial litigation, mediation, pharmaceutical litigation, product liability litigation, unfair competition.