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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


  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)


  • Facilitated settlement, non-binding.


  • 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.

Civil and Commercial Litigation

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