Litigation And Appeals
Civil litigation is when two opposing parties argue or settle their disputes and seek damages. Civil litigation can take place inside a courtroom or outside of it. Traditionally, the process consists of filing motions and pleadings, discovery, and attending court.
In civil litigations, the party who instigates the lawsuit is defined as the plaintiff and the opposing party is the defendant. Cases might require court orders in order to enforce or defend a legal right. In that case, lawyers will file motions. For individuals to appear in court and testify, individuals will be subpoenaed. Once all evidence is collected and the court hears arguments from both parties, a decision can be made. The decision will award damages due.
In California, the part who loses the lawsuit can file an appeal. An appeal brings the decision to a higher appellate court. For an appellate court to reverse a court’s decision two conditions must be satisfied: a legal mistake occurred in the original trial that caused a significant change in the decision of that trial. This puts a boundary on who can file an appeal – no one can file an appeal if they are unsatisfied with a decision.
Civil litigation creates an opportunity for an appeal if the parties believe a legal mistake was made and an incorrect decision was made. Proving a legal mistake was made can be extremely difficult. Thus, appeals court is a special circumstance. Successful appeals usually result in a new trial or settlement.