Cases, where typical affairs lead to conflicts between partners, are not uncommon. If opponents are not able to reach a compromise peacefully, then, as a rule, they meet in court, where they try to achieve a certain result or receive monetary compensation.
Civil litigation means that participants in a legal dispute are not affected by the criminal code. They use a juridical process to resolve differences, relying on the professionalism of own lawyers and objectivity of judges.
Types of Civil Litigation
Civil law covers a wide range of issues, while solicitors usually specialize in one or two specific areas of practice. These include:
- Environmental legislation
- Product warranties
- Observance of copyrights
- Medical negligence
- Problems of employment
- Divorce and family acts
Above listed list may be supplemented, because human relations offer a huge choice of legal contradictions. It is worth remembering that criminal sanctions for such “crimes” are not expected.
Role of a Lawyer
Since any lawsuit is a competition between jurists of the competing parties, seriously think about hiring an expert. A civil litigation attorney is obliged to fight for the interests of his/her client to the last. He or she not only works out the currency invested in him/her but also cares about own reputation.
Pundits specialize in civil litigation should be ready to quickly comprehend an essence of conflict and publicly speak in defense of an employer. Adepts call the next necessary skills for success in civil plea:
- Excellent knowledge of procedural operations
- Written and oral competencies
- Analytical thinking
- An ability to connect laws and facts
- Excellent communication skills
- Computer literacy
- Skills in public speaking and negotiating
As we see, in order to get the glory of a professional, you need to work longer to expand your horizons and improve the existing qualities.
The Life Cycle of Civil Litigation
A full civil process consists of several stages, namely: investigation, filing an application, opening a case, pretrial proceedings, possible conflict resolution or litigation. The first stage, as a rule, is the longest and laborious. It is connected with collection and systematization of information through interviews. Participants in the process provide answers to questions either orally and under oath.
Most of the court sessions are held in a reduced format, not leading up to the last stage. Opponents may deny the charges, even during an issuance of the verdict. The parties have the right to resolve business litigation, leaving all the case materials in the hands of the jury. An entire procedure, starting with the filing of papers, takes from a couple of months to several years.
Five Types of Civil Litigation Cases
Such proceedings differ in their diversity regarding the subject matter of a dispute. As the latter, claims may be made for liability for goods, environmental law, claims for compensation for damage to employees, allegations of theft of intellectual property or discrimination, violation of antitrust laws or insurance rules. One of the most common sorts is a violation of treaties or unfair competition.
Business disputes are taken quite seriously in the economic environment, as they can lead to significant financial complications or even bankruptcy. Judicial litigation is usually characterized by the next problems.
Quarrels about rental of real estate, as a rule, are associated with making timely payments, upgrading the premises and improving the quality of service. Most companies rent offices separately from each other. Frequently, they are in densely populated favorable areas, so conflicts arise when trying to displace a firm from a different place.
Troubles about supplies or other material resources occur when the goods are delayed or an entrepreneur gets a product that does not meet his/her expectations or wishes. With the correct formulation of the question, you not only win but also get compensation for possible profits. Another option for resolving a controversy is to force a violator to fulfill all the contact’s terms.
Altercations between co-owners of business are due to an inability to find a common language about the future of the company. Often, going to court is the only way to resolve contradictions and part with friends. In any case, you cannot do without the support of an experienced consultant.
Disagreements with customers arise when they show discontent with the goods or services provided. This is true because a firm must focus on the consumer and his/her needs. If it does not do its job qualitatively, such an enterprise must leave the business environment.
Personal injuries are also the subject of civil litigation cases. A victim may file a claim for compensation. Numerous cases are associated with falling, slipping, eating defective foods or typical negligence.
Thus, the civil litigation allows individuals and companies to apply to the court for the peaceful settlement of disputes. Unlike criminal deals, this kind of lawsuits deals with private questions, in which the parties try to obtain a legal instrument for the protection of their rights.