Lawsuit

A lawsuit (or suit in law[a]) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law."[1] A lawsuit is any proceeding by a party or parties against another in a court of law.[2]

Sometimes, the term "lawsuit" is in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a civil case, as plaintiff, or defendant regarding an injury, or may provide the state with a civil cause of action to enforce certain laws.

The conduct of a lawsuit is called litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators.[3] The term litigation may also refer to criminal trial.

Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules are constrained and informed by separate statutory laws, case laws, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules generally reflect this legal context on their face. The details of the procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within the same jurisdiction. These rules of the particular procedures are very important for litigants to know, because the litigants are the ones who dictate the timing and progression of the lawsuit. Litigants are responsible to obtain the suited result and the timing of reaching this result. Failure to comply with the procedural rules may result in serious limitations that can affect the ability of one to present claims or defenses at any subsequent trial, or even promote the dismissal of the lawsuit altogether.

Though the majority of lawsuits are settled before ever reaching a state of trial,[4] they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine, for example in the United States), or vice versa. It is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have the ability to even enforce a judgment if the defendant's assets are theoretically outside their reach.

Lawsuits can become additionally complicated as more parties become involved (see joinder). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. In reality however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits.

The official ruling of a lawsuit can be somewhat misleading because post-ruling outcomes are often not listed on the internet. For example, in the case of William J. Ralph Jr. v. Lind-Waldock & Company[5] (September 1999), one would assume that Mr. Ralph lost the case when in fact, upon review of the evidence, it as found that Mr. Ralph was correct in his assertion that improper activity took place on the part of Lind-Waldock, and Mr. Ralph settled with Lind-Waldock.[6]

This page was last edited on 19 June 2018, at 15:00 (UTC).
Reference: https://en.wikipedia.org/wiki/Lawsuit under CC BY-SA license.

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