A lawsuit, according to Wex law, is defined as “a civil legal action by one person or entity (the plaintiff) against another person or entity (the defendant), to be decided in a court.”. When breaking down this definition, there are a few keywords and phrases that must be understood. The first phrase is civil legal action which refers to a private dispute between two parties and should not be confused with criminal legal action (refer to this article for more insight). It is also important to understand the idea of legal action being taken by one party against another party, in other words suing another person for a given reason, all of which will be settled in a courtroom setting. Simply said, a lawsuit is a way for someone to sue someone else for a civil ‘private’ dispute. Furthermore, a lawsuit is a very powerful and necessary tool in a litigious (prone to engage in lawsuits) society as a way to punish people for bad actions (ex. illegal dumping of chemicals), deter bad actions from happening again in the future, and provide relief to injured people (usually through money). However, a lawsuit can be a lengthy, complex process with many different steps which is where an attorney can be an extremely useful tool for simplifying this process.
Stages of a Lawsuit:
Generally, a lawsuit can be understood through 6 major stages: consultation, complaint, discovery, trial, verdict/judgment, and appeal.
Stage 1 - Consultation: The first step of the trial usually starts with the party who is considering bringing forth a lawsuit (suing someone) consulting with an attorney to get the process started. However, in America, individuals also have the choice to self-represent themselves in court without a lawyer. This is known as pro se, which is Latin for “on one's own behalf." Going pro se is generally not considered a good idea because there are many moving parts and intricacies involved with a trial that may be better navigated by an attorney, however, it is still a viable option when looking at it from a legal standpoint.
Stage 2 - Complaint: The formal part of a lawsuit actually starts with the filing of a complaint against the other party, which is the document that essentially outlines the plaintiff's intent to sue. Then, the opposing party can respond with a pleading, known as an answer, where they can either accept liability (making them responsible for paying damages) or they can deny accepting liability. 2 important legal words that are used to describe the 2 opposing sides are plaintiffs and defendants. The plaintiff(s) is the side that files the complaint while the defendant(s) is the side that responds to the complaint with a pleading.
Stage 3 - Discovery: Discovery is one of the most important parts of the civil lawsuit process because it gives both parties the opportunity to gain information and evidence prior to trial. In terms of the evidence that can be requested (known as a request for production), it is rather broad with the scope of discovery covering all relevant information that is not privileged. There are also other tools to obtain information through discovery, such as interrogatories (list of questions that must be answered under oath), depositions (sworn out-of-court testimony), or a request for admission (admit or deny the truth of a statement under oath).
Alternatively, any time before a verdict is delivered parties may opt to settle out of court, therefore avoiding all of the costly parts of the trial through negotiation (although this is generally ongoing throughout the whole lawsuit) or Alternate Dispute Resolution (ADR). Alternate Dispute Resolution (ADR) is another way to settle a lawsuit and generally falls into 2 primary categories: mediation and arbitration. Mediation is when both parties come together to talk about reaching an out-of-court resolution with the help of an individual known as a mediator who helps facilitate the discussion. In contrast, arbitration is when both parties appear in front of an arbitrator (usually a former judge) who hears the case and delivers a legally binding (decision stands) decision about the case. It is important to note that mediation may be required depending on the judge or jurisdiction and both parties may have to attend in good faith. However, arbitration cannot be required as everyone has the 7th Amendment right to trial in the USA unless you previously waive the right to a jury trial.
Stage 4 - Trial: The trial is typically the most recognized stage within the lawsuit process and consists of attorneys (or the litigants themselves in the matter of pro se) presenting arguments and evidence in front of a judge and jury (only in a jury trial). A trial loosely falls into the stages of an opening statement (introduce the case), direct examination (ask questions to your own witness), cross-examination (ask questions to the opposing witness), and closing arguments (close off the case). Throughout this whole process, there may be many motions that are made and negotiation is oftentimes an ongoing process throughout the whole trial.
Stage 5 - Verdict/Judgement: After hearing each side's arguments in court, the judge (in the case of a bench trial) or jury (jury trial) delivers a verdict pertaining to if the defendant is liable or not. Then, damages decided on by the jury in a jury trial are either approved by the judge or adjusted in accordance with statutory and jurisdictional law. Damages tend to fall into 3 different categories: compensatory, nominal, and punitive. Compensatory damages are the damages awarded to compensate an injured plaintiff for the injury itself, regardless of if it was an accident or not. In contrast, punitive damages are used to punish a defendant and may consider things like malicious intent. Furthermore, punitive damages can be used to set a societal example that these types of negligent actions will not go unpunished. Finally, nominal damages are awarded when a defendant is negligent, however, the injury sustained is minimal and does not constitute high-dollar payouts.
Stage 6 - Appeal: This stage is an optional part of the trial, however, if a party believes that there was an error of law during the trial that justifies reversal of the verdict, they can file an appeal. This appeal will then be heard in an appellate court, which will evaluate the situation and deliver its own verdict regarding the matter. Appellate courts typically either reverse, remand (send back down to the lower courts) or affirm the prior standing decision, based on their evaluation.
Tort Law:
Tort Law is one of the primary foundational topics for civil law and centers around the idea of a tort, which is an act that leads to either injury or harm toward another party. When a tort occurs, it is the job of the legal system to impose civil liability on the wrongdoer and order them to pay money (known as monetary damages) or cease doing something (known as an injunction). Tort Law is extremely important because it works to provide relief to the injured party, punish the wrongdoer, and deter the action from happening in the future (this is through punitive damages). As with much law in this country, tort law is entirely determined by the states, however, there is some consistency because many state courts have adopted portions of the universal Restatements of Torts.
It is important to understand that Tort Law does not fall under criminal law, and deals solely with private issues. However, it is not uncommon to see civil liability being imposed through tort law and criminal guilt being established through criminal law. For example, if someone had battery committed against them, they could sue their assailant in civil court for injuries and the state could prosecute that individual criminally for their actions.
Torts generally fall into 3 categories: intentional torts, negligent torts, and strict liability torts. Intentional torts stipulate that because of the intentional act of the defendant, the tort occurred and the defendant had a guilty mind (known as mens rea). In contrast, negligent torts hold that someone failed to exercise a reasonable level of care (duty). Finally, strict liability torts impose liability on an individual regardless of intent or mental state.
Common Examples:
Assault (Intentional Tort): The victim has an apprehension of imminent harmful or offensive contact
Battery (Intentional Tort): Harmful or offensive contact
Theft (Intentional Tort): The taking of another person’s personal property with the intent of permanently depriving that person
Defamation: Statement that injures another person’s reputation. It could either be spoken (known as slander) or written (known as libel)
Product Liability Law: A subset of Tort Law that focuses on imposing liability on parties involved with creating or supplying a product that causes injury
A car accident where someone acts in a negligent manner (Negligent Tort)
---------------------------------------------------------------------------------------------------------------------------
Sources:
Hopkins Roden Crockett Hansen & Hoopes, What Are the 3 Types of Damages?, The Civil Lawsuit Process: From Start to Finish (Dec. 26, 2019), https://www.hopkinsroden.com/news-and-resources/posts/2019/december/the-civil-lawsuit-process-from-start-to-finish/.
Legal Information Institute, Complaint, Wex https://www.law.cornell.edu/wex/complaint.
Legal Information Institute, Discovery, Wex https://www.law.cornell.edu/wex/discovery.
Legal Information Institute, Intentional Tort, Wex https://www.law.cornell.edu/wex/intentional_tort.
Legal Information Institute, Lawsuit, Wex https://www.law.cornell.edu/wex/lawsuit.
Legal Information Institute, Negligence, Wex https://www.law.cornell.edu/wex/negligence.
Legal Information Institute, Strict Liability, Wex https://www.law.cornell.edu/wex/strict_liability.
Legal Information Institute, Tort, Wex https://www.law.cornell.edu/wex/tort.
Pintas & Mullins Law Firm, What Are the 3 Types of Damages?, Pintas & Mullins Law Firm https://www.pintas.com/personal-injury/what-are-the-3-types-of-damages/.
Disclaimer: I am not a lawyer nor do I claim to be a lawyer. This article/website is purely for educational purposes only. The information presented on this website does not (and does not claim to) constitute legal advice or representation of a licensed attorney.
Comments