Civil and Commercial Litigation

Civil and commercial litigation law involves resolving disputes through the court system. It covers a wide range of cases, from personal injury claims to business disputes. Here are the key points:

Civil Litigation

Types of Disputes:

• Personal injury

• Breach of contract

• Property disputes

• Family law matters

Process:

1. Pleading: Filing of complaint and answer.

2. Discovery: Exchange of information.

3. Pre-Trial Motions: Resolve/narrow issues.

4. Trial: Present evidence and arguments.

5. Post-Trial Motions: Request judgment changes.

6. Appeal: Higher court review.

Commercial Litigation

Types of Disputes:

• Business disputes

• Contract breaches

• Antitrust issues

• Intellectual property infringement

• Commercial fraud

Alternative Dispute Resolution (ADR)

Mediation:

• Facilitated settlement, non-binding.

Arbitration:

• Binding decision by arbitrator, less formal.

Procedural Rules

• Federal Rules of Civil Procedure (FRCP): Federal cases.

• State and Local Rules: Vary by jurisdiction.

Evidence and Proof

• Burden of Proof: Plaintiff's responsibility.

• Admissibility: Governed by rules of evidence.

Enforcement of Judgments

• Collection: Wage garnishment, property liens, asset seizure.

• Contempt of Court: Penalties for non-compliance.

Specialized Areas

• Class Action Lawsuits: Group claims.

• Mass Torts: Consolidated individual claims.

Ethical Considerations

• Attorney Conduct: Confidentiality, conflict of interest, competence.

• Litigation Funding: Third-party funding concerns.

This framework ensures orderly, fair, and legal dispute resolution, balancing interests of all parties.