Buisness Law

In: Business and Management

Submitted By Hola0131
Words 1262
Pages 6
Your client wants to file suit, but is unfamiliar with litigation, and may be a tad naïve about the process. Describe, in general, the life of a lawsuit from beginning to end (what pleadings get filed, what is trial like, in general, etc.). Also, please describe the structure of the federal and state judicial branches (what courts are out there). Go on a brief tangent about alternative dispute resolution, and explain the process of mediation and how it differs from arbitration.

Although there are different types of cases and each type has a different complexity level, most American courts follow a general procedure. . The person or group that initiates the lawsuit is called a plaintiff and the one being sued is the defendant. Except in criminal cases where the state files the complaint on behalf of the public. In this case the state is referred to as the prosecution but the accused is still referred to as the defendant. In equity cases the accuser is called the petitioner and the accused is the respondent. For the purpose of this explanation we will refer to the person or group that initiates the lawsuit as the plaintiff and the person or group that is being sued as the defendant.

Once the plaintiff chooses to file suit, there are papers required in order to bring the situation before a court. These papers are called pleadings. The first of these papers will be the complaint itself. These papers are also referred to as a declaration, petition or bill of complaint. It must be filed with the court that has the proper jurisdiction and venue over the case It provides the court with the facts of the situation. It must show not only that there is a legal right but also that there is a legal wrong. It states how the court has both jurisdiction and venue to the suit and it suggests how the plaintiff wishes to remedy the situation.

Once the complaint has been…...

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