Litigation law involves taking a legal dispute to court and seeking a resolution, typically through a trial. It is a form of dispute resolution, an alternative to other methods, such as arbitration or negotiation. Litigation can involve various legal issues, including contracts, torts, property rights, and civil rights.
That said, litigation is an integral part of the legal process that can be divided into two main types: civil litigation and criminal litigation. Understanding the different types of litigation is essential to determine which type of case is best suited for your situation.
This blog post will discuss each type of litigation, its purpose, how it is used in the legal system, and how a commercial litigation attorney can help you.
Criminal litigation deals with cases against an individual accused of committing a crime. In these cases, the prosecution seeks to bring criminal charges and have the accused found guilty. If found guilty, punishment may come in the form of fines, jail time, probation, or even death.
Unlike civil lawsuits, where the burden of proof rests on the plaintiff, the burden of proof in criminal cases rests entirely on the prosecution. It is important to note that if an individual is found not guilty during a criminal trial, they can never be tried again on the exact charges due to double jeopardy laws.
Civil litigation refers to cases in which private citizens or companies seek monetary damages from another party for a wrong done against them. These cases include personal injury claims, contract disputes, and product liability cases. Generally speaking, civil litigation aims to ensure justice is served by providing the plaintiff with compensation or relief from the defendant.
A key difference between criminal and civil litigation is that the defendant must be proven guilty beyond a reasonable doubt in criminal cases. In contrast, in civil cases, the plaintiff must only prove their claim by a preponderance of the evidence (or “more likely than not”).
When Do I Need a Commercial Litigation Attorney?
Individuals should contact a commercial litigation attorney when they feel their rights have been violated or need help resolving a dispute outside of court. A commercial litigation attorney can assist in many different areas, such as negotiating contracts, collecting debts, litigating employment matters, and handling real estate transactions.
Furthermore, having an experienced commercial litigation attorney can help protect you from potential harm caused by unscrupulous business partners or other parties involved in the dispute. Ultimately, having an experienced lawyer to handle all aspects of commercial litigation can make all the difference in protecting one’s rights and resolving any issues quickly and efficiently.
Understanding litigation law is one of the most important things that you can do so that you don’t get overwhelmed by the details or trying to see how they interact within the system.
Even if you don’t plan on ever getting into legal matters, it’s smart to know what you’re up against. You never know when a litigator will come knocking on your door looking for compensation. But if you understand the ins and outs of litigation law, then negotiating with them becomes a much easier task.