Litigation 101

Litigation is a term that is used to explain the proceedings initiated between two parties who are opposing each other and who want to defend or enforce a legal right. Normally the litigation will be settled by means of an agreement between the two parties but there are cases when the litigation will be heard by either a judge or jury in a courtroom setting. Litigation is not simply another name for a lawsuit.

Litigation often includes a variety of activities before, during, and proceeding a lawsuit. The litigation process can also include other things besides the actual lawsuit including arbitrations, pre-suit negotiations, appeals, and facilitations. A litigation starts immediately when someone decides to formally defend or enforce his/her legal rights.

A litigation, in most cases, will begin as soon as one of the parties hires a lawyer, like a New Jersey immigration attorney, to represent them and their interests. Most lawyers will take part in a number of pre-suit litigation activities. Some of the things that they may do include writing a demand letter, filing a notice of eviction, or other legal duties. In the majority of litigation cases there are several steps that will occur in every case.

Investigation is the first step of any litigation. Without factual information a litigation would be meaningless. Lawyers will often conduct very thorough independent investigations into both the potential outcomes and the actual facts of a particular case. They will do this before filing suit. A lawyer who does a thorough pre-suit investigation will need to demonstrate that the law will provide a fair and legal judgment against the wrongdoer.

Other legal terms that are associated with litigation are alternative dispute resolution, lawsuit, discovery, motion practice, trial, and posttrial litigation. If you feel that you have been wronged in any way then it is advisable to talk to a qualified and reputable lawyer about your legal options.

If you are interested in the litigation process, please feel free to watch the video embedded below: