Navigating the legal system can be daunting if you are not familiar with how it works. Most legal cases involve filing claims, providing any necessary information, attending various meetings and hearings, and more. Working with the experienced team of attorneys at The Myers Law Group can provide insight, resources, and peace of mind if you find yourself facing litigation.
What Is Litigation?
The term “litigation,” which is derived from a Latin word meaning “dispute,” refers to the legal process of protecting the rights of an individual or entity. Many people confuse litigation with a claim, but they are two different actions. A lawsuit or claim is the legal complaint that is filed, while litigation refers to all the steps needed to resolve the conflict.
In most situations, litigation involves a conflict between two individuals or entities that must be resolved by a judge. The final goal of litigation is often financial compensation. One party files a complaint if they feel that their rights have been violated, and the other party must respond to state their own case. Some litigation claims only end when a trial has been completed and a judge makes a final ruling, but most are settled before the trial stage is necessary.
The Litigation Process
The details of each litigation claim will differ, but each case will follow the same general structure. There are six major phases of litigation:
- Pleadings. This first phase of litigation involves the initial claim being filed and the opposing party responding. There is typically a time limit on how long the other party has to respond.
- Discovery. This is an opportunity for both parties involved to gather and share any necessary information. It often involves both parties selecting witnesses and filing any necessary motions.
- Pre-Trial. Representatives for both parties will meet and attempt to reach a settlement prior to trial. In some cases, this will be the final phase of litigation, but if these meetings are unsuccessful, the case will proceed to trial.
- Trial. A trial gives both parties the opportunity to present their case in court. Depending on the claim, the trial may only involve a judge, or it could be a full jury trial. A verdict will be made once all the information and evidence has been presented.
- Verdict and Settlement. Once the trial has concluded, a verdict will be handed down either from the judge or from the jury. This decision will determine who wins the case and the amount of settlement that must be paid.
- Appeal. If the losing party is unhappy with the outcome of the case for any reason, they can request an appeal and their case will be reexamined. The final step of the litigation process is not part of every case but is available when needed.
Types of Litigation
There are two primary categories of litigation: civil and commercial.
Civil litigation involves conflicts between individuals. These cases typically begin when an individual feels that they have suffered harm or loss due to someone else’s actions. Civil litigation can center on everything from personal injury to disputes between tenants and their landlord.
Commercial litigation involves businesses or corporations rather than individuals. These cases are often much more involved because there is more information to gather and share. Commercial litigation cases can also take much longer due to the complexities of each claim.
Commercial and Corporate Litigation
Commercial or corporate litigation claims are filed by businesses when their rights have been infringed upon. These claims can cover a wide variety of situations and are often filed in federal court. Class action claims, conflicts between business partners, and disputes over intellectual property are all considered types of commercial litigation. Working with experienced attorneys is essential for commercial and corporate litigation claims because they are much more in-depth than civil litigation.
FAQs
Q: What Is the Difference Between Commercial and Corporate?
A: Commercial and corporate, when speaking about business and law, are very similar. They both deal with various aspects of the business world and how businesses function. It is important to note, however, that they also have some very distinct differences. Things that fall under the corporate umbrella most often deal with the creation and management of a business, such as mergers. Commercial, on the other hand, mostly centers on distribution and sales. Both are essential aspects of running a successful business from a legal perspective.
Q: What Is Commercial and Corporate Law?
A: Commercial and corporate law are practice areas that deal with the various functions necessary to maintain a successful business. Both practice areas fall under the larger category of business law. The specific functions within each area are not universal, but rather determined on an individual basis by law practices. Corporate law often deals with the processes of forming and merging businesses, like contracts. Commercial law dictates how a business can purchase and sell goods, focusing on topics like franchises and intellectual property.
Q: How Is Commercial Litigation Different From Other Types of Litigation?
A: There are several ways that commercial litigation differs from other types of litigation. First, commercial litigation claims are often much more complex than civil litigation. Since commercial litigation focuses on business entities rather than individuals, the process of gathering information is much more involved. This also means that commercial litigation may take longer. Another key difference is that commercial litigation claims are typically filed in a federal court and can impact more people, particularly class action claims.
Q: What Is the Difference Between Civil Litigation and Commercial Litigation?
A: The biggest difference between civil litigation and commercial litigation is the party responsible for initiating claims. Civil litigation claims are filed when an individual feels that one or more of their rights have been ignored or infringed upon by someone else, often another individual. These claims often do not involve criminal charges, but rather one party is seeking financial compensation. Commercial litigation claims, on the other hand, are between two businesses, and the process is typically much more complex than civil litigation.
If you are facing commercial or corporate litigation, the team at The Myers Law Group can help. Contact us today.