What is Litigation?
Generally speaking, litigation is a formal legal process administered, and sometimes, decided by a Judge. The process generally begins by the petitioning party filing a "Complaint", after which the responding party files an "Answer". What follows may be; Discovery, Pre-Trial Conferences, Mediation, Arbitration, Depositions, Interrogatories, Requests to Produce, Request for Admissions, and more.
What's the difference between Criminal and Civil Litigation?
In Criminal litigation, the "State" is generally the Plaintiff, and the Defendant is someone accused of committing a crime. In Criminal litigation, the Defendant could end up serving time in jail. The general purpose of Criminal Litigation is to maintain the rule of law, and punish individuals whom have committed a crime. You may have heard the phrase "innocent until proven guilty", or "beyond a reasonable doubt"? These phrases are commonly used in Criminal Litigation to describe the burden placed on the State to prove its case.
Civil Litigation, by contrast, deals more with the principles of "equity". While someone may not have committed a crime, they may have taken an action that is against the rules of a Contract or Agreement, thus giving rise to a "Cause of Action" against another person or business entity. Causes of action may include:
- Breach of Contract
- Breach of Fiduciary Duty
- Civil Theft
- Unjust Enrichment
- Promissory Estoppel
- among a variety of others.
How long does it take?
Litigation can take years to resolve, but every case is different. Feel free to Contact Us to schedule a consultation so that we can review your case specifically. We look forward to serving you!