Civil Litigation: Taking Legal Action Against A Non-Criminal Case

Improved Essays
Litigation is defined as a lawsuit. Hence, criminal litigation (or lawsuit/action) means taking legal action against a criminal claim or prosecuting a criminal case. Civil litigation means taking legal action against a non-criminal case, most likely to reimburse wrong doing by the means of money. Civil actions include products liability actions, personal injury suits, probate actions, environmental law, education law, and domestic relations. Most cases in the country are variations of civil litigation. These types of lawsuits are often settled before making it to trial. The stages of civil litigation include the preparation for trial, pretrial conferences, the trial, and post trial procedures. Each stage has sub-stages within it. The preparation …show more content…
The facts between both parties are gathered and jurisdiction and venue is decided by the attorney. If the lawsuit isn't worked out by this time the plaintiff and his/her/their attorney sends a summons and complaint to the defendant. Once the defendant answers the complaint by either admitting or denying, the discovery stage is implemented. During this stage, both parties gather facts as it ascertains to the trail. These facts are retrieved by oral and written discovery, mostly per dispositions, interrogatories, and subpoenas. The discovery stage is the most time consuming for the attorneys. The pretrial conferences prelude discovery. The attorneys, without the clients being present, try to agree on stipulations. If agreed upon, the trial isn't needed. But if the case isn't settled, it goes to trial. Once the date for the trial is set, a jury is selected, if a bench trial isn't preferable. In the trial, the plaintiff is first to make the opening statements, and then the defendant. Evidence is then shared with the jury and witnesses are questioned. Finally, closing statements are made by both the plaintiff and defendant. After the closing statements are made the judge gives

Related Documents

  • Improved Essays

    To begin with, the defendant has to request for a counsel at their arraignment. The defendant will also have to prove that he cannot financially afford a private attorney (Cohen, 2013). While the individuals' arraignment occurs the first question asked by the judge will be whether or not your represented by an attorney if the answers no they will also ask if you want to be appointed by one (Find law). The judge could choose to appoint an attorney that is present in the courtroom, however the defendant may not have the same attorney throughout the whole case. Other judges may postpone the arraignment until the financial situation of the defendants is investigated (Find…

    • 613 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    CILA Case Summary

    • 478 Words
    • 2 Pages

    We intend to defend this case by arguing that Support Systems and Services did not violate any of the provisions of the CILA Act nor the Mental Health and Developmental Disabilities Code. Specifically, we will present a defense that the insured is not guilty of neglect in that it did not have notice that there was a risk that Elise Wasson may fall from a chair. Further, we will present a case that the delay reporting the occurrence and, therefore, the delay in obtaining medical treatment, did not cause an increase in Elise’s injuries and damages. Based on the information that we have at this time, we do not believe that the insured is liable for failing to take precautionary measures in an attempt to prevent Elise from falling from the kitchen chair.…

    • 478 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Tort Law Case Study

    • 502 Words
    • 3 Pages

    From Sweethearts to Sour Tarts, Millionaire Matchmaker Sued The dating scene has changed dramatically over the course of a few years. With more people having access to the internet, online dating is no longer something the desperate or insecure; everybody is dating online. As more people date online, the need to weed out the bad apples from those people who are truly looking for love becomes obvious. When it comes to people who have money, they pay elite matchmakers to weed out the individuals who may not be compatible with them.…

    • 502 Words
    • 3 Pages
    Decent Essays
  • Great Essays

    Bsbwor501 Part 1

    • 2094 Words
    • 9 Pages

    After the initial hearing is complete he/she will go to a preliminary hearing the fifth step, where a judge will determine whether there is probable cause to believe that the defendant committed the crime with which he/she is charged. The sixth step will be done either by a grand jury who will investigate the charges from the preliminary…

    • 2094 Words
    • 9 Pages
    Great Essays
  • Decent Essays

    As for the criminal court process, there are a series of stages that lead to a criminal trial. In regards to a misdemeanor case, a criminal complaint is usually filled. The Judicial figure thus proceeds to examine the complaint and determines whether the case presents a probable cause. Following…

    • 324 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    The legal system of America exists for resolving disputes, maintaining order, and protecting various liberties and rights from violations or unreasonable intrusions by persons, organizations, or government. In Jonathan Harr’s A Civil Action, the formal moments of the Woburn case show how, in many cases, the legal system fails to promote justice, truth seeking, and fairness. First and foremost, the adversarial nature of American law, specifically in civil cases, prevent the discovery of the truth. In the adversarial system, two sides clash head to head in front of a neutral fact finder and the idea is that the truth should tip the scale. The verdict in theory should be just and fair.…

    • 1184 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Review Questions 1. What is the purpose of the United States Constitution? The purpose of the United States Constitution is to secure citizen’s freedom and rights. 2.…

    • 541 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Adversary Process Trial

    • 523 Words
    • 3 Pages

    The trial is held in front of a hearing officer, also known in some agencies as administrative law judges. For this trial, the hearing officer acts both as judge and jury. Moving on, in the event where a party disapproves of the outcome an appeal can be filed. The appeal…

    • 523 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Wrongful convictions have been a topic of discussion for many decades within the United States Criminal Justice System. A wrongful conviction occurs when an individual is penalized in a court of law for a crime they never committed. Unfortunately, there are many components that can contribute to the unlawful arrest and conviction of an innocent person. Some of the variables can be as minuscule as an improper photo array line and as immense as government misconduct. Consequently, there are many flaws in the criminal procedure that leads to the conviction of an individual that increases the occurrence of wrongful convictions in America.…

    • 441 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    A Civil Action: Response

    • 378 Words
    • 2 Pages

    A Civil Action: response “The truth? I thought we were talking about a court of law. C’mon you’ve been around long enough to know the court isn't the place to look for the truth. You're lucky to find anything here that in any way resembles the truth.”…

    • 378 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    I chose to compare and contrast the United States’ criminal justice system with England’s system. One significant aspect of the United States’ criminal justice system is due process. Due process is defined by www.reference.com as “the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safe guards (www.reference.com)”. There are many similarities and differences between these two countries, and this paper is aimed to show how both of their criminal justice systems operate. There are many factors that make the United States one of the best nations in the world.…

    • 1580 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Duel Court System

    • 729 Words
    • 3 Pages

    Duel Justice Watkins, Robert GCU Duel Justice The United States of America utilizes a duel court system in its judicial system. The two courts systems are federal and state. Courts that exist at the state or local level are established by the individual state, and exist “within states there are also local courts that are established by cities, counties, and other municipalities, which we are including in the general discussion of state courts.” Courts that exist at the Federal level have been established under the United States Constitution and rule on disputes concerning the Constitution and laws that are passed by Congress.…

    • 729 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Brothel Boy Case Study

    • 1251 Words
    • 6 Pages

    The prosecutors are considered to be the most influential actors within the courthouse, as they decide which case to prosecute, the cases to plea-bargain, and the case to try. The prosecutor may also influence the factors of setting bail and creating the sentence. In the United States Constitution, one’s Sixth Amendment right to counsel is granted as many defendants cannot afford to hire a lawyer, they are provided a public defender also known as the defense attorney. The defense attorneys encourage their clients to think about how the jury will assess them as guilty beyond reasonable doubt, therefore most will plead guilt. The judge plays a major authority role in the criminal justice system whether it is in state courts, or larger courts.…

    • 1251 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    The civil court handles all the cases of legal issues, right and duties between persons. ‘The criminal court determines the guilt and punishment for conduct that is outlawed by the State.’ (Black, 2008) The Civil Court is further divided into the Sherriff Court, the Court of Session and the Supreme Court of United Kingdom.…

    • 1852 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    There are multiple stages of the criminal court process that create a burden of proof that contribute to criminal justice investigations. Every court process begins with a crime allegedly committed to determining its legal status. Law enforcement and detectives determine if the crime was illegal or legal due to the investigations. They investigate a crime by interviewing victims, witnesses, and suspects. They also gather physical evidence by taking pictures, fingerprint, and DNA samples.…

    • 1283 Words
    • 6 Pages
    Improved Essays