DEFINITION

• Litigation is the fundamental building block of our adversarial legal system. Litigation refers to the process of putting a case before a trial court. It includes the pretrial procedures leading up to that point and the appeals that may occur after the trial court reaches a decision with which one side disagrees.

• At trial, the parties present evidence to support their legal arguments, creating a factual record. The attorneys may present documents or examine witnesses to build this record, which closes at the end of the trial.

• After the trial court's decision is rendered, the losing party may choose to appeal the decision to the relevant appellate court. The appeals court may consider only legal issues, and may not alter the U.S. trial court's factual record. The appellate system reviews the application of the law to the existing record and the actions of the trial court in making its decision.

• The plaintiff is the party who brings the lawsuit (in a civil matter) while the defendant is the party sued in a civil proceeding or accused in a criminal proceeding. In a criminal matter the cause of action is brought by the prosecution or government.

FIND A LITIGATION & APPEALS ATTORNEY IN YOUR AREA.

More information on Lawsuits & Lawyers

RELATED PRACTICE AREAS

Personal Injury -- Plaintiff
Criminal Law

BUZZWORDS

Appeal - A complaint to a higher tribunal of an error or injustice committed by a lower tribunal, in which the error or injustice is sought to be corrected or reversed.

Appellate Brief - Written arguments by counsel required to be filed with appellate court on why the trial court acted correctly (appellee's brief) or incorrectly (appellant's brief).

Closing Statement - A lawyers final statement to the judge or jury before deliberation begins in which the lawyer requests the judge or jury to consider the evidence and apply the law in his or her client's favor.

Opening Argument - Outline or summary of the nature of a case and of anticipated proof presented by attorney to jury at start of trial, before any evidence is submitted.

Objection - The act of a party who objects to some matter or proceeding in the course of a trial, or an argument or reason urged by him in support of his contention that the matter or proceeding objected to is improper or illegal.

Trial - A judicial examination and determination of issues between parties to action, whether they be issues of law or of fact, before a court that has jurisdiction.

Trial Brief - Document prepared for and used by attorney at trial which contains, among other things, issues to be tried, synopsis of evidence and witnesses to be presented, and case and statutory authority for the position of counsel at trial.

Trial Court - The court of original jurisdiction where all evidence is first received and considered.

Verdict - The formal decision or finding made by a jury, impaneled and sworn for the trial of a case, and reported to the court (and accepted by it), upon the matters or questions duly submitted to them during the trial.

Voir Dire - This phrase denotes the preliminary examination which the court and attorneys make of prospective jurors to determine their qualification and suitability to serve as jurors.