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Litigation Q&A’s
When it comes to the law there are a lot of terms and concepts that confuse everyday Americans. And unless you’re a lawyer or just extremely interested in the law and cases you may not need to check out the following questions and answers. They shed light on some of the most common questions.
What’s the difference between a civil and criminal trial?
In a criminal trial the government seeks to punish individuals that have committed a crime. And in a civil suit, there are two individuals; the plaintiff and defendant which are using the courts as a way to end the dispute amongst themselves.
What is a statute of limitations?
A statute of limitations is a law that sets a time limit on how long individuals have until they can no longer file a lawsuit. But the limitations are different depending on the type of offense that was committed.
When will a case go to trial?
Depending on the type of case and the workload the courts have, some cases may go to trial within a few months while others take years. Even though it may seem like a vague answer, it really just depends.
What is litigation law?
Litigation is a lawsuit where there are individuals seeking damages or compensation and the suit includes a plaintiff and a defendant. Just picture Judge Judy here.
What is mediation?
Mediation is when the two parties decide to try and settle a case out of court. But the results have to be approved by a judge and legally recorded. Mediators are third parties that are typically attorneys or certified mediators.
What if I decide to settle it ourselves?
By settling the problem yourself, it will save both of you a lot of money, but it’s still a good idea to have an attorney oversee the entire process.
What most common types of lawsuits?
Tort: A tort is a civil wrong. So if someone drives up on a sidewalk and hits you and their insurance only covers the medical bills and you are unsatisfied; then you can file a tort action against the driver in order to recover lost wages, and money for your sick leave, as well as your pain and suffering. Usually these types of actions are from an injury due to negligence, defective products, malpractice, and unsafe products.
Contracts: This one is pretty self explanatory but if you break a contract of fail to do something that is in your contract you can be held responsible for that.
Actions: Typically, these types of cases most commonly deal with family cases. This means divorce, visitation, and child support cases. These types of cases are trying and tough on parents but especially on children.
Private Nuisances: These cases typically deal with two individuals, one won’t pay for the damages that happened to the other person. For example, if your tree falls onto the neighbor’s home, then they may take you to court if you refuse to pay for the damages. Or if you run over the neighbor’s dog and don’t offer to pay for the expenses associated with the veterinarian for fixing its broken leg.
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Author: MargoSmith
Margo Smith earned her B.S. from Brigham Young University. She lives along the Wasatch Front and loves the beauty and solidity of the Rocky Mountains she calls home. She is an eager learner, an avid reader, and a firm believer that people are basically good at heart. Word play is her favorite past time and patterns/tessellations of any kind fascinate her. She thanks her Irish luck - gotta love that gene pool - that she is usually the driver behind the police car, rather than the one in front. Follow her on twitter
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