Litigation is one of the most basic processes in the law framework that includes all the legal actions that involve the settlement of disputes. The process entails two or more individuals, in which one is requesting the legal redress while the other resists the same. The process includes a step-by-step procedure that ends with a court decision.

Litigation is important to enforce legal rights while promoting social order. In this article, you will get to know more about the litigation law, litigation lawyer Singapore, along with the process, significance, and much more.

What is litigation?

Litigation is a legal process in which disputes are settled using the judicial process in criminal or civil courts. It is a legal process that can be used by individuals or organizations when disagreements can’t be settled outside of the court or through unofficial modes. It helps in providing justice by enabling courts to interpret laws and decide the right remedy.

What are the key aspects of litigation?

·       Adversarial process

The process includes two or more opposing parties who present their case before a judge or a jury of authorized members.

·       Legal representation

The process includes parties who typically use legal representation, while some cases allow private representation when a person does so.

·       Stages of litigation

The stages of litigation include pre-litigation, pleadings, discovery, pre-trial motions, and so on.

·       Court’s Role

In this, the judiciary interprets laws by examining the evidence and issues.

·       Legal remedies

Some of the legal outcomes include monetary compensation, injunctions, and criminal penalties. The process of litigation can take months to years, requiring loads of legal expenses.

·       Public record

In this, court proceedings are usually public, unlike alternative dispute resolution, like mediation.

What are the various types of litigation laws?

·       Civil litigation

It is a legal conflict that occurs between any parties that can include individuals alongside organizations to avoid criminal behavior. Generally, monetary compensation is the primary objective in civil litigation alongside unique remedy choices. Some of the civil litigation cases are contract disputes, property disputes, family law cases, personal injury claims, and employment disputes.

·       Criminal litigation

In criminal litigation, cases where the state accuses an individual or organization of not following the law. The government, through a prosecutor, aims to mete out punishment in the form of fines or imprisonment. Some of the examples of criminal litigation are murder, theft, cyber crimes, drug-related crimes, and white-collar crimes like money laundering.

·       Commercial litigation

Commercial litigation deals with conflicts that arise in business dealings and company affairs. The process is about resolving disputes between companies, partners, shareholders, and consumers. Some of the examples of commercial litigation are breach of contract claims, intellectual property claims, and consumer protection suits.

·       Public Interest Litigation

Public interest litigation is a judicial process by which individuals or groups take action to vindicate public rights or interests. Generally, it has been employed in social justice matters. Some of the examples of public interest litigation are cases of environmental protection, human rights abuses, education, health, and government policy challenges.

·       Administrative litigation

The process of administrative litigation occurs when individuals or groups oppose the decisions made by a government agency. Some of the examples of administrative litigation are licenses or permit disputes, taxation, immigration policy cases, and so on.

What is the process of litigation?

The legal process is generally a clearly defined pathway from tentative attempts at dispute resolution to the final enforcement. Check out the detailed description here.

·       Pre-Litigation Stage

Before going to trial, every party reviews its own position while considering the different settlement modes. The stage involves fact-finding while seeking legal advice. In this phase, a demand letter is sent to the other side for possible pre-litigation settlement. In case all the negotiations fail, then an alternative dispute resolution, like mediation, is pursued in court.

·       Pleadings stage

The suit formally commences when the plaintiff files a complaint stating the grounds for the law. Now the dependent has to reply by submitting an answer, admitting or denying the submitted charges. If the defendant is claiming against the plaintiff, then a counterclaim may be filed, which requires a response from the plaintiff.

·       Discovery stage

In this stage, the evidence collection process occurs. During the stage, each party provides case documents to the other side. Sometimes, special experts are used to present testimony about the technical and specialized matters. Before the trial is set, the procedural requirement is that all the parties have to exchange all the important information.

·       Pre-trial stage

Both parties have to file motions in advance to settle issues, including motions to exclude evidence. Lawyers also negotiate settlements where they reach a consensus without going to trial.

·       Trial Stage

If there is no settlement, then the case goes to trial, and there is a need for a jury. The trial opens with an opening settlement in which each side gives an overview of the case. It is followed by introducing evidence, including examining witnesses and cross-examination. Once all the evidence has been introduced, attorneys can give closing arguments, reviewing their stance.

·       Post-trial stage

Once the court delivers the judgment, both parties require judgment enforcement when the decision grants monetary compensation. The defeated party can appeal to a higher court to assess the judgment.

·       Alternative outcomes

The parties can settle their case at any point during the proceedings if they find an agreement.

What is the importance of litigation in law?

Litigation is essential in the legal system since it provides justice, safeguards rights, and settles conflicts. It is a legal procedure that allows people, organizations, and governments to resolve disputes.

It ensures Justice and Rule of Law, which gives a fair process to settle conflicts and maintain all the legal principles.

The legal work helps people to work together to defend rights, so appropriate legal solutions can be found.

The structured dispute resolution provides a formal process to resolve disputes in the right order.

The court rulings guide future cases and legal interpretation.

Litigation laws enable people and organizations to work under the legal rules and regulations.

The court allows parties to obtain payment compensation and legal restrictions against their concerns.

Conclusion

Civil litigation is a legal process in which non-criminal disputes between two or more parties are resolved. It is an essential part of the legal system and plays an important role in resolving various matters like property issues, personal injury cases, and contract disputes. If you are struggling with such a case, then it is great to hire a litigation lawyer Singapore. Litigation lawyers understand the complete process and will help you perform the job with ease.