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Getting involved in a lawsuit can be a very stressful situation, regardless of which side you are on. To limit the stress, it often helps to understand the process and stages of litigation.

The Stages of Civil Litigation

What is civil litigation? Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sue for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff’s complaint, the plaintiff is usually allowed to amend the language and refile it.

The next stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party’s legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.

Assuming the plaintiff survives a motion for summary judgment, the next technical step of a lawsuit is to actually go to trial. Before that happens, however, the parties are usually sent to an arbitration hearing in which a mediator tries to cut a deal between the parties. This process is also known as a settlement conference. If they settlement cannot be reached, the court will then set the matter for trial and off you go.

At the end of the day, the average civil lawsuit will take a while to get from filing of the complaint to trial. The exact time is dependent upon the state you live in and how busy the courts are. Criminal matters tend to take precedent over civil matters, so you can often be waiting awhile. In fact, it can often take a year or more before a civil matter goes to trial.

About The Author

Gerard Simington is with http://www.findanattorneyforme.com – find attorney online with our free directory.

Opportunities For Career Advancement In Criminal Justice Are Numerous

When it comes to criminal justice and opportunities for career advancement in criminal justice, there are numerous career choices and opportunities available, such as correctional officers, private investigators, paralegals, crime scene investigators, lawyers, police officers, and forensic psychologists.

It is the job of a correctional officer to oversee or supervise offenders sentenced to serve time in a penitentiary, jail, or reformatory and for those arrested but awaiting trial. They preserve inmate responsibility and security to prevent assaults, escapes, and conflicts. Regardless of the work setting, correctional officers help enforce regulations, rules, and maintain order along with monitoring the inmates work assignments and activities. They periodically search inmates and check for contraband such as drugs or weapons, enforce discipline, check doors, window bars, and locks for any sign of tampering and inspect visitors and mail for banned items. Correctional officers only have law enforcement duties and responsibilities in the penitentiary, jail, reformatory, or correctional institution where they work. There are many opportunities for career advancement in criminal justice for correctional officers such as correctional sergeant or correctional treatment specialists.

A police officer or sheriff’s primary duty is to enforce the law, which involves arresting criminals, protecting communities, and investigating crimes. They search for and collect evidence to help prosecute offenders and criminals, keep detailed reports, and testify in court when necessary. Most police officers work in cities or towns while sheriff’s deputies normally work in small, rural areas that do not have their own police department. They train police officers and sheriffs deputies to respond to a broad range of situations and emergencies. Opportunities for career advancement in criminal justice for police officers and sheriff’s include heading up specialized units such as homicide. There is also career advancement in criminal justice opportunities available for police and sheriffs to replace people reaching retirement age.

Supervised by a licensed lawyer, a paralegal or legal assistant aids the attorney by drafting documents, interviewing clients, prepar
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ing trial notebooks, updating and reviewing files, helping the lawyer write legal briefs, and completing legal research. They also help the attorney prepare for trials, hearings, closings, and corporate meetings. The law prohibits paralegals from presenting cases in court, giving legal advice, setting legal fees, or other duties considered law practice. Paralegals duties vary depending on the agency, lawyer, law firm or organization. The career advancement in criminal justice opportunities for paralegals is exceeding good. Many accept employment with private law firms, U.S. Department of Justice, or gain experience and open their own business. Some continue their education and become attorneys, police officers or enter into other fields in criminal justice.

By: Alan J Moore

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