The litigation process 2023 with verified questions and and answers

Litigation The resolution of disputes through the court systems Civil litigation The resolution of disputes between private parties through the court system. Criminal litigation Government prosecutes an action against who have committed crimes against society. Administrative litigation The process by Which administrative agencies resolve disputes that concern their administrative rules and regulation. If an employee is injured on the job and worker's compensation is filed, the workers compensation agency will determine the claim and hear any appeals or dispute the employee has regarding determination of the claim. In general, if an administrative remedy exists, they must go through admits ration remedies first before proceeding with court action. Three sources of law for all litigation matters -constitutions- highest law of the land. -statues- laws inacted by federal or state legislators that govern substantive and procedural law (Code of Civil Procedure (CCP) or Civil Code (CC)) -court cases- decisions of the court. Precedents Federal courts COURT OF FINAL APPEALS United States Supreme Court COURT OF INTERMEDIATE APPEALS Us circuit of appeals United States court of appeals for the federal circuit COURTS OF ORIGINAL JURISDICTION United States tax court United States district courts United States court of international trade United States claims court State courts California Supreme Court Court of appeals Superior court Litigation consists of 4 basic stages 1. Information gathering 2. Pleadings 3. Discovery and motions 4. Trial and post trial proceedings Information gathering First stage of litigation process Prior to the filing of any lawsuit, the gathering of information and obtaining facts necessary to evaluate the potential case is essential. After the sufficient facts and information are gathered, a decision can be made on whether to file a lawsuit. Pleadings During the second stage, the complaint will be filed with the court by the plaintiff and the defendant will file his or her answer. Once the pleadings are "at issue" the parties will start the discovery and motion stage. Discovery and motions Third stage of civil litigation process At this point the parties will conduct formal factual investigation though written responses and oral testimony. During the stage, there may be various pre-trial motions filed with the court requesting rulings from the judge. The bulk of litigation time is spent at this stage. it is usually during the stage of litigation that cases will settle. Trial and post trial proceedings Final stage of litigation process During trial and after trial, there are a number of different motions that either side can make. These motions can include requests to the court to enter a different judgment if the jury's verdict is not consistent with the evidence produced st trial. At this stage, the losing party also has an automatic right to appeal the decision. Civil action reliefs 1. Legal remedy Two types of damages, a) Compensatory b) Punitive 2. Equitable a) injunction- to stop certain conduct or action B) declaratory relief- used when controversy arises over rights and obligations and request declaration from court to govern future conduct. Other legal methods Arbitration Mediation Negotiation Paralegals role in litigation ...