Legal Definitions - litigation

Litigation refers to the formal process of resolving a dispute between two or more parties by bringing a case before a court of law. It encompasses all the steps involved in a lawsuit, from the initial filing of a complaint to the final judgment and any subsequent appeals. Essentially, it is the act of taking legal action through the public court system to enforce a right or seek a remedy.

• Business Contract Dispute: Imagine a small business that provided consulting services to a larger corporation. The corporation refuses to pay the final invoice, claiming the services were unsatisfactory, while the small business insists it fulfilled all contractual obligations.

  When negotiations fail, the small business decides to commence litigation. This means they file a lawsuit in court, formally accusing the corporation of breach of contract. The entire journey through the court system—including filing documents, exchanging evidence, attending hearings, and potentially going to trial to get a judge or jury to decide who is right—is an example of litigation.

• Personal Injury Claim: A person is severely injured in a car accident caused by another driver's negligence. The injured party incurs substantial medical bills and lost wages.

  To seek compensation for their damages, the injured person's attorney advises them to pursue litigation against the at-fault driver. This involves filing a personal injury lawsuit, conducting discovery (where both sides exchange information and evidence), and either negotiating a settlement or presenting the case to a court for a judgment. The lawsuit itself and the formal process of resolving this dispute through the judicial system are considered litigation.

• Environmental Enforcement Action: A community group believes a local factory is polluting a nearby river, violating environmental regulations, and harming local wildlife.

  After their complaints to regulatory agencies do not yield satisfactory results, the community group decides to initiate litigation by filing a lawsuit against the factory. They seek a court order to stop the pollution and potentially impose fines. This formal legal action, involving legal arguments, presentation of scientific evidence, and seeking a judicial remedy, is a clear instance of litigation.