Litigation is the process of resolving a case through a court trial. There are two types: civil and criminal. Civil cases have different areas of practice, such as malpractice or commercial law. Criminal cases determine guilt beyond a reasonable doubt. Other types include military and administrative law. The litigation process is the same, with parties being the plaintiff and defendant, and motions, statements, and evidence presented.
Litigation is generally defined as the process by which a case is resolved by a trial in a court of law. The two basic types of litigation law concern civil and criminal cases. In civil cases, there are types of litigation law for each area of practice. The law and legal issues in each type of case are different, but the litigation process of the cases is the same.
In civil litigation, there are attorneys who can only work in the law of malpractice litigation and some who can only work in the area of commercial litigation. A litigation attorney can review cases involving commercial law, which could involve contract disputes. Litigation occurs in many areas of law, including employment law, entertainment law, negligence, civil rights, and in specialized areas of law such as patent and trademark law. Civil law cases generally involve matters of pecuniary damages, although sometimes they may be litigated to repair or prevent a specific damage.
In the field of criminal law, the question is whether the defendant is guilty of a crime. The State must prove all elements of the charge beyond a reasonable doubt for the defendant to be found guilty. The rules of procedure are different in some respects in a criminal case, due to the constitutional protections afforded to someone who is on trial for a crime. For example, a defendant in a criminal case cannot be compelled to testify at trial. The extra procedural protections in a criminal case are due to the potential loss of liberty, sometimes even life, of the accused, if the state prevails.
Other types of litigation involve military and administrative law. The law and rules governing military trials are established by the United States Congress. Military law does, however, incorporate some procedural and evidentiary rules used in federal courts. Administrative lawsuits, sometimes called “hearings,” are heard before administrative law judges and involve a government agency as a plaintiff or defendant. Problems in these cases generally involve enforcing regulatory laws or withholding government benefits.
While the types of litigation are numerous, the litigation process is the same. The parties to the dispute are plaintiff and defendant. In civil cases, the plaintiff is the party who argues that a legal wrong has been done to her. In criminal proceedings, the plaintiff is the people of the state where the crime is alleged to have occurred, represented by a state or district attorney. The parties to any lawsuit may file motions with the court regarding legal issues in the case, make opening and closing statements, and present evidence through documents and witnesses.
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