Civil litigation is a field of law that is sometimes fraught with confusion. There are many different types under one umbrella, and any issue in the law can be considered a type of litigation. Fear no more, because here is a brief explanation of civil litigation, what it is, and the types of litigations.
Any proceeding in a court of law where two parties are adversaries is litigation. Civil litigation describes the legal process by which one party, a “plaintiff,” seeks a remedy for damages caused by another, usually called a “defendant.” Monetary compensation is usually sought, rather than criminal justice.
There are some typical types of civil litigation, such as commercial disputes, business and partner disputes, contractor disputes, and more. Many times, the plaintiff, defendant, and oftentimes their lawyers, try to avoid trial and attempt to settle through mediation or arbitration. Should this prove impossible, trials are scheduled.
There are many kinds of civil litigations. Here are some of the most common:
Commercial and Business Disputes
A dispute between two or more businesses or companies is known as a commercial dispute. For example, one may arise over a payment default on a delivery of goods. A business dispute may occur when the terms of a contract are disagreed on, property disputes, or billing issues. Many of these can be solved through arbitration, or bringing the case before an impartial third party for final determination instead of trial.
These disputes are disagreements concerning the running of a partnership. A good partnership is like a good marriage: communication should be open, and there should be cooperation. However, sometimes there are arguments that turn toxic. Heading to arbitration or trial can provide an answer.
A dispute is usually deemed corporate if it involves the reorganization or liquidation of a legal entity, arises from a claim that breaches a shareholder’s interests or transaction procedures, involves rights to stock or other securities, or involves the invalidation of state registration. Corporate disputes can get complicated and must be solved in corporate courts.
Real Estate and Contractor Disputes
These disputes involve anything pertaining to real estate, such as zoning issues, or market value for lease or purchase of a property. A contractor dispute is between a homeowner and a product or service provider, and is subject to licensing requirements, which may help a plaintiff win a case. A lawyer is very beneficial to both these cases, as he or she will know all the ins and outs of licensing.
Small Business Litigation
Small businesses are different from commercial and business disputes, and usually involve things like enforcing a contract, collecting a significant debt, or defending against a claim made about a business. A lawyer who is familiar with this type of case can help you defend against any case brought against you, or to enforce your contract.
These are the most basic types of civil litigation, and you can contact a Malibu business lawyer to help you with any of these issues. Usually, each lawyer specializes in one area so he or she can give the best advice and counsel.