What is civil litigation?
Civil Litigation is a broad term that describes and court based legal dispute under the common law system which is not related to criminal liability. Civil litigation is defined by the fact that there are two parties who are usually private legal persons who are having a dispute about a set of facts or the application of the law to a particular set of facts, as they might be in an appeal case. In the common law system there is a judge who presides over the dispute and the parties bring submissions and evidence in support of their claims to a particular position on the matter before the court. The court can make rulings on what evidence is admissible based on the laws of evidence which is usually derived partly from statute and partly from the common law which has built up over the years in relation to what is admissible evidence or otherwise. Once the judge has heard all of the evidence in relation to the case, they can then make a determination on the facts of the matter and apply the law to make a decision in relation to the dispute. Part of the system of civil litigation also involves the appeals process. When a party is aggrieved by a decision, it may usually make an appeal because the lower court made an error of law. As cases trickle up the chain of appeal courts, they tend to involve matters of more weighty significance in term of the law. A case in the High Court, for instance can influence the whole direction of a particular area of law.
How can I benefit from Civil Litigation?
If you are involved in a civil litigation matter, it cannot only be extremely stressful, it can also be an enormous burden if you lose the matter and must pay the other sides legal costs of the amount of the judgement. Also, if you have been made the victim of a civil wrong which could become the basis of civil litigation and you choose to waive your rights to litigate, this could represent an enormous loss of opportunity as even the act of pursuing a litigation matter can lead to results quickly depending on how active the opponents are in resolving the dispute before it goes to court.