What Is Litigation And Appeals?

Litigation

Civil litigation describes the entire process of two opposing parties settling or arguing over their disputes, whether in a courtroom or outside of it, in order to seek damages. The entire process can consist of filing pleadings and motions, discovery, and attend court. The party that brings forward a lawsuit is the plaintiff, with the opposing party being the defendant. Furthermore, lawyers will file motions because a case may require court orders on specific issues in order to defend or enforce a legal right. If it is necessary, individuals can be subpoenaed so that they can provide testimony for the court. Once the judge or the jury has received all of the relevant evidence and arguments from both parties, a decision will be made, which can award damages based on the economic or non-economic loss to a party.

Appeals

In the state of California, if a party loses a lawsuit in court, they can then bring the decision to the higher appellate court for review. There are two conditions that must be satisfied in order for an appellate court to reverse a trial’s decision: there must have been a legal mistake during the original trial that then caused a major change in the final outcome of that trial. Therefore, a party cannot simply appeal a court’s decision because they do not like its decision or specifications for damages.

Conclusion

If two parties go through the process of civil litigation, and one of them believes that a legal mistake led to an unfair and incorrect decision, then they can bring the aforementioned decision to a higher court of appeals. However, determining whether a legal mistake has been made, and then proving it, is incredibly difficult. Nonetheless, successful appeals can result in either a new trial or a settlement with the opposing party.