Criminology Term: Litigation
Litigation, an intricate legal procedure, involves resolving a conflict between parties through a court system. This legal action may stem from either civil or criminal law issues, with the plaintiff initiating a complaint against the defendant.
The plaintiff initiates this complaint as they perceive that they have been wronged or harmed by the defendant's actions. The process of litigation can be lengthy and complex, and it can include various stages like pleadings, discovery, motion practice, trial, and possibly, an appeal.
The plaintiff usually has the burden of proving their case in litigation, which can require extensive documentation, research, and evidence gathering. Discovery, one of the stages in the litigation process, allows both parties to exchange information and evidence relevant to the case, which can either strengthen or weaken the plaintiff's case.
The trial stage is where the parties present their case in front of a judge or a jury, who then decides the outcome of the dispute. If one party is unhappy with the decision, they can appeal the decision to a higher court.
Litigation aims to resolve the legal dispute in a manner that is fair and just to both parties. The outcome of the litigation depends on the facts presented, legal arguments made, and the applicable law.
The decision reached in litigation can result in damages, compensation, or a court order for one party to perform or refrain from certain actions.