A lawsuit is a claim or dispute that has a civil ground, which is brought in a court by a plaintiff (individual or group of individuals who claims to have occurred a loss) against the defendant (individual or a group of individuals for whom the sufferer have occurred the loss) with a desire to gain legally certified equitable remedy.
During a lawsuit, the defendant is legally obliged to respond to the Plaintiff’s charges within the time period which is bound by the law. If the decedent does not present himself within that time span, then the court can impose and arrest warrant for the defendant to ensure right judgment.
As for the case, where defendant arrives on time, the lawsuit will continue and a decision will be made by the court. The court may let the defendant go if there is no sufficient proof of his crime. But if during the litigation (conduct of the lawsuit), it is proven that the defendant is guilty then the honorable court can enforce the defendant to pay necessary damage to the plaintiff, impose short term or short term restriction on an act or send the defendant for a shorter or a longer period of time in jail. Depending on the time and seriousness of the lawsuit, a judge can role for one of these options or all.
Normally a lawsuit goes within several steps before the judge makes his decision. These steps are designed and imposed by the constriction and each and every lawsuit have to go through almost all of these procedures, depending on the necessity to ensure correct judgment. These steps are:
- Pleading: A lawsuit comes to existence when the plaintiff files a complaint against the defendant.
- Initial or partial discovery: In this step, initial data and information regarding the plaintiff’s claim is submitted to the court for an initial screening.
- Trial and Judgment: Both of the parties present facts, witnesses and proofs to gain the court’s judgment in their favor. During this phrase, the plaintiff can withdraw and privately settle the lawsuit with the defendant if they like.
- Appeal: After the final decision is made, any of the parties can appeal or file a written application to the court for a reconsideration. The ground for such appeal is the belief that an error was present in the process of the lawsuit, which prevented the lawsuit to go otherwise.
- Enforcement: After the final decision, the court enforces a bar on the plaintiff under the doctrine of res judicata, which prevents the plaintiff from filing the same lawsuit within a certain period with the intention to sue the defendant for the same cause.