About Litigation
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Litigation is legal proceeding or battle over an issue between parties. It has always been a hot topic. Lawyer also called as a litigator represents a party in the legal proceedings. In the litigation process, the eventual goal of a litigator is to arrive at an agreed settlement. However, the litigator has to prepare for the trial, as litigation is a legal proceeding between two opposing parties.
Sometimes, the opposing parties decide to resolve their disputes out of the court. In such a situation, they call a mediator who is responsible for a harmonious compromise between the concerned parties. Such arbitration or mediation reduces the number of cases in the court.
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Litigation is classified into two categories:
- Criminal Litigation
- Civil Litigation
Criminal Proceedings/ Litigation:
When someone goes against the state or federal law, it is considered as a crime or offense against law or society. On the behalf of society, the government starts legal proceedings to hold the offender responsible. Such legal proceedings are known as criminal proceedings.
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In criminal proceedings or litigation, the two parties involved are the government and the accused also known as the defendant. In such proceeding, the prosecutor represents the government. Generally for state trial, there are district attorneys, while the federal government handles the federal trials. Private criminal lawyers represent the offender in the criminal proceedings. In some cases, the public defender is appointed by the state to represent the offender.
Civil Litigation:
A civil litigation is generally comprised of non-criminal court trials. It may be a dispute between people, a case filed against the state by a citizen, proceedings against suit by an individual against a corporation or any combination of the cases. The party that files the suit is known as the petitioner. Generally, a petitioner seeks a sum of money or damages from the defendant, in order to balance the loss or injury.
Money is not always a remedy in civil litigation. Sometimes, one party may ask the court to stop the other party to do something which is hazardous to the party who files the petition. In civil litigation, the case proceeds on the grounds of liability, and not on the defendant’s guilt. In such cases, the defendant is found either liable or not liable.
In criminal as well as civil litigation, the concerned parties might never go to the court. They may resolve the issue before the trail date with mutual understandings. Parties involved in a civil proceeding may settle on financial aid or any other agreement. In case of criminal cases, agreement is based on a plea bargain. In such a case, the prosecutor proposes a lesser charge or sentence against the plea of guilt by the defendant.
