The Different Litigation Processes
What is Litigation? Litigation is an action or a lawsuit brought in court to enforce a particular right. It involves a series of steps that may lead to a trial and usually a resolution of the dispute. The two different types of lawsuits are civil and criminal. Although these courses of action seek to come to a resolution, there are many different steps or proceedings involved to get there. Civil litigations seek reimbursements of monetary damages or equitable relief for harm caused to an individual, business, or governmental agency that is seeking relief from another individual, business, or governmental agency, whereas, a criminal litigation is seeking to punish one who commits a crime.
There are many …show more content…
When the suspect is booked in jail they are either booked as a misdemeanor or a felony. If booked as a misdemeanor the suspect post bail, but if booked as a felony, an initial appearance is held within 24 hours, where the suspect is held before the judge who sets bail amount. This is the first step in the proceedings of the criminal court system. After the initial appearance, a preliminary hearing occurs. At this hearing, the prosecutor must prove that there was sufficient probable cause that a crime was committed and that the defendant committed that crime. If the court finds that there is probable cause the defendant is "bound over" to the next stage and if the court finds a lack of probable cause the judge can dismiss the charge and the defendant. The next stage is for the defendant to enter the arraignment, which is a hearing where the defendant enters a plea of guilty, not guilty, or no contest. If not guilty, the judge will set a trial date. If guilty, the judge sets a date for sentencing. If defendant enters a no contest, which means he or she does not admit guilt and does not want to challenge the charge, they are treated like they plead guilty. The discovery process is next. In this process the prosecutor and defense exchange information. After exchanging information, some common motions may be filed such as: Motion to Suppress, Motion to Change Venue and Motion in Limine. A pre-trial …show more content…
The first step in civil and criminal trial is for the attorneys to select a jury. The plaintiff attorney states their opening statements, lay out the facts and points regarding the case, then, the defendants attorney begins the same course of action. Shortly after, witnesses are brought to the stand to be asked questions by the plaintiff and defendant attorneys. The attorneys ten make their closing statements and the jury decides on a verdict and the judgment is provided. Finally the post-trial procedures, for a civil litigation, it depends on either monetary damages have been awarded or if the case goes to the appellate. The appellate stage is where the party wishes to appeal the court's decision and must file a motion for new trial and the appellate court makes a decision whether to affirm, modify, or dismiss the court's ruling, and then the case is finalized. Just like a civil litigation, a criminal litigation can be dismissed prior to trial, but through a plea bargaining, which is where the defendant would plead guilty to a lesser offense in return for the states' dropping some other charge. The criminal litigation consists of the same process as a civil litigation in trial besides when the verdict is given. The outcome of the defendants sentence depends heavily on what charges are file against the
What is Litigation? Litigation is an action or a lawsuit brought in court to enforce a particular right. It involves a series of steps that may lead to a trial and usually a resolution of the dispute. The two different types of lawsuits are civil and criminal. Although these courses of action seek to come to a resolution, there are many different steps or proceedings involved to get there. Civil litigations seek reimbursements of monetary damages or equitable relief for harm caused to an individual, business, or governmental agency that is seeking relief from another individual, business, or governmental agency, whereas, a criminal litigation is seeking to punish one who commits a crime.
There are many …show more content…
When the suspect is booked in jail they are either booked as a misdemeanor or a felony. If booked as a misdemeanor the suspect post bail, but if booked as a felony, an initial appearance is held within 24 hours, where the suspect is held before the judge who sets bail amount. This is the first step in the proceedings of the criminal court system. After the initial appearance, a preliminary hearing occurs. At this hearing, the prosecutor must prove that there was sufficient probable cause that a crime was committed and that the defendant committed that crime. If the court finds that there is probable cause the defendant is "bound over" to the next stage and if the court finds a lack of probable cause the judge can dismiss the charge and the defendant. The next stage is for the defendant to enter the arraignment, which is a hearing where the defendant enters a plea of guilty, not guilty, or no contest. If not guilty, the judge will set a trial date. If guilty, the judge sets a date for sentencing. If defendant enters a no contest, which means he or she does not admit guilt and does not want to challenge the charge, they are treated like they plead guilty. The discovery process is next. In this process the prosecutor and defense exchange information. After exchanging information, some common motions may be filed such as: Motion to Suppress, Motion to Change Venue and Motion in Limine. A pre-trial …show more content…
The first step in civil and criminal trial is for the attorneys to select a jury. The plaintiff attorney states their opening statements, lay out the facts and points regarding the case, then, the defendants attorney begins the same course of action. Shortly after, witnesses are brought to the stand to be asked questions by the plaintiff and defendant attorneys. The attorneys ten make their closing statements and the jury decides on a verdict and the judgment is provided. Finally the post-trial procedures, for a civil litigation, it depends on either monetary damages have been awarded or if the case goes to the appellate. The appellate stage is where the party wishes to appeal the court's decision and must file a motion for new trial and the appellate court makes a decision whether to affirm, modify, or dismiss the court's ruling, and then the case is finalized. Just like a civil litigation, a criminal litigation can be dismissed prior to trial, but through a plea bargaining, which is where the defendant would plead guilty to a lesser offense in return for the states' dropping some other charge. The criminal litigation consists of the same process as a civil litigation in trial besides when the verdict is given. The outcome of the defendants sentence depends heavily on what charges are file against the