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Simple English definitions for legal terms

litigation

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A quick definition of litigation:

Litigation is when people go to court to solve a problem. They file a complaint with the court and then the court helps them figure out what to do next. The court has rules that everyone has to follow, and they help the people involved in the case talk to each other and share information. Then, the court decides what should happen and makes a judgment. Sometimes, people can appeal the judgment if they don't agree with it.

A more thorough explanation:

Litigation is the process of resolving disputes by going to court. This means that if two parties have a disagreement that they cannot solve on their own, they can file a complaint with the court and ask a judge to make a decision.

  • The plaintiff files a complaint with the court.
  • The defendant is served with the complaint and the court gains jurisdiction over them.
  • The parties meet and try to settle the case or prepare for discovery.
  • The court holds a pretrial conference or issues a scheduling order.
  • The defendant may file motions.
  • The defendant files an answer.
  • The parties disclose documents and the discovery process moves forward.
  • Either party may file additional motions.
  • The court holds a final pre-trial conference.
  • The court conducts the trial.
  • The court renders a judgment.
  • Post-trial proceedings may occur.
  • An appeal may be taken.
  • The judgment is enforced.

For example, if a person is injured in a car accident and the insurance company refuses to pay for their medical bills, the injured person can file a lawsuit against the insurance company. The case will go through the steps of litigation until a judge makes a decision.

Another example is if a business owner believes that a competitor has stolen their trade secrets. The business owner can file a lawsuit against the competitor and the case will go through the steps of litigation until a judge makes a decision.

litigant | litigator

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