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 HG.org
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 - Wikipedia
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
- ABA Litigation Publications
American Bar Association litigation publications.
- 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.
- International Bar Association Litigation Publications
Litigation publications from the International Bar Association.
Articles on HG.org Related to Litigation
- Amended Civil Procedure Law Provides Better Protection for PRC LitigantsThe National People’s Congress adopted the revised PRC Civil Procedures Law (“New CPL”) on 31 August 2012, which law came into effect on 1 January 2013.
- Contracts (Rights of Third Parties) Bill in Hong KongIt has been argued that strict adherence to the doctrine of privity of contract produces unfair results. In many cases, the Court resorted to principles such as agency and trust to circumvent the doctrine of privity of contract.
- A Quiet Danger: Three Common Types of Nursery Product DefectsThe CPSC reports that on average, 114 children die from nursery product injuries each year. This article examines the three types of product defects, as well as the victim’s and family’s rights after an accident.
- Discovering Evidence in Criminal CasesEvery criminal defense in Michigan rests on the strength of the Prosecutor's evidence. Discovery is essential to a successful criminal defense strategy. Discovery is the stage where your Defense Attorney submits a written demand to inspect the evidence, and get copies of all reports. If the Prosecutor refuses to comply with the Discovery Demand, the Court may issue and Order Compelling Discovery, which directs the Prosecutor to release the evidence.
- Possible Problems Concerning Choice of Forum Agreements in European Supply ChainsThe jurisdiction for the enforcement of claims may depend on whether a choice of forum agreement was reached between the parties.
- The Cheapest Way to DivorceThe typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.
- Government Involvement in a False Claims Act CaseBlowing the whistle on fraud that is committed at the expense of U.S. taxpayers is, generally, governed by the federal False Claims Act. The Act allows a private citizen to step into the shoes of and pursue a claim on behalf of the government.
- No Impact on Whistleblower Claims after Off-Label Drugs RulingAlthough off-label prescription drugs are involved in many False Claims Act cases, the Second Circuit Court of Appeals recent decision looks unlikely to have any major impact on whistleblower lawsuits.
- Whistleblower Rewards: A Reason for Taking a RiskThere are risks to blowing the whistle on illegal, corrupt or fraudulent business practices, but there are also protections and incentives built into the process as well.
- Enforcement of Foreign Judgments in TurkeyThis article aims to explain Enforcement Procedure and Conditions in Turkey. International private and civil procedure law of Turkey and Turkish Procedure Law are the main laws governing the procedure of enforcement of Foreign Judgments in Turkey. In this article, we’ll guide our readers based on the provisions of these laws. It is also important to note that Turkey ratified Convention on the Recognition and Enforcement of Foreign Arbitral Awards which apply to the cross-border enforcement.
- 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.