What is Civil Litigation? –

Litigate means file a case against someone and bring a case to Court. In the lawsuit, a plaintiff file a formal complaint with the appropriate Court. The civil litigation or legal process is most common in civil lawsuits but it comes about in all kinds of cases, from criminal to business litigation.

In a civil litigation case, a lawsuit is brought by one party against another without any allegation that a crime has been committed.

civil litigation

In the civil litigation process, two or more opposing parties defend their legal rights. The parties are the plaintiff, the person contemplating the lawsuit and bringing the charge, and the defendant, the person who caused the assumed injury. Litigation is typically settled by agreements between the parties, either by pre-suit mediation or by settlement.

Litigation involves a series of steps from pre-suit investigations, arbitration, facilitation, and sometimes the case may also be heard by a jury or judge in the appropriate Court.

The process of defending legal rights, usually starts the moment a party hires an attorney to represent his or her interests. Civil litigation attorneys engage in a variety of pre-suit litigation activities, from writing a demand letter (a letter on a client behalf), to filing a Notice of Eviction with a local Court.

Moreover, attorneys and litigators conduct extensive pre-suit investigation, gathering information about the harm that occurred, prior to filing suit. During a jury trial, each party present a case to the jury, with the plaintiff presenting first and the defendant then taking a turn defending against the plaintiff’s allegations.

On the other side, in a bench trial, the presiding judge makes the ultimate decision regarding liability and ensures that the case is litigated according to the rules of Court. If the trial proceeds to a conclusion, either the jury or the judge must decide which party wins.

Litigation continues even after a verdict is rendered and the losing party may still appeal the decision within a specified period of time to a higher Court. Litigation ends only if a settlement is reached.

Arbitration is an alternative to civil litigation, where a Court case is heard by a panel of attorneys or a single attorney instead of a judge or jury.

A great amount of civil litigation cases never reaches the trial stage, an expensive and uncertain step.

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23 thoughts on “What is Civil Litigation? –”

  1. The immigration process is not just paperwork. Immigration violators may be taken into custody by immigration authorities, such as Immigration and Customs Enforcement (ICE) agents.

    Non-citizens can be taken into custody for violating the conditions of their Visa (overstay), for having committed criminal offenses, or simply for being in the country illegally (entry without inspection).

    In New Jersey, there are several detention facilities where immigrants are held in custody while awaiting their removal hearing or execution of a deportation order.

  2. Defending your Rights and the Best Interest of your Child

    The Law Firm of Bertollini & O’Reilly provides effective representation in domestic and International Family law matters involving Italy and the United States. We strive to protect your rights as a parent, and achieve the best interest of your children.

    The Attorneys of our New York Litigation Law Firm have a unique expertise and professional background to ensure the best result of your case.

    Simone Bertollini is one of the very few Italian Lawyers in New York with full academic qualifications in both Italy and the United States. Paul O’Reilly has handled hundreds of civil cases in the New York and New Jersey Courts, including contested and uncontested divorces, child custody cases, and division of marital property.

    Our firm offers services in all Family Law cases, from simple uncontested divorces to complex litigation involving International Child Custody, International Child abduction, and distribution of marital assets located in Italy or other countries.

    More information here: http://www.avvocatidirittointernazionale.com/Areas-of-Practice/International-Family-Law.aspx

  3. If you have been a dual citizen from birth or childhood, or else became a citizen of another country after already having American citizenship, and the other country in question does not have any laws or regulations requiring you to formally renounce your U.S. citizenship before U.S. consular officials, then current U.S. law unambiguously assures your right to keep both citizenships for life.

    Dual citizenship or dual nationality is simply being a citizen of two countries. The United States allows dual citizenship.

    Read more here: http://www.americancitizenship.me/american-citizenship-and-dual-citizenship/

  4. La doppia cittadinanza italiana e americana è possibile riceverla in particolar modo se si è nati negli Stati Uniti, oppure in quei paesi in cui la cittadinanza si acquisisce per nascita.

    Il 5 febbraio 1992, il Governo italiano ha approvato una legge (n.91, art.11), affermando che ogni cittadino italiano che ha acquisito o riacquisito una cittadinanza straniera dopo il 15 Agosto 1992 non perderebbe il suo diritto alla cittadinanza italiana.

    In particolar modo è possibile richiedere la doppia cittadinanza nel caso in cui:

    Read more here: http://www.cittadinanza.net/doppia-cittadinanza-italiana-e-americana/

  5. Possession of weapons in New York is considered as a felony offense punishable by incarceration. Since March 2013, the status of weapons possessions was raised from a misdemeanor to a felony, following the implementation of Article 265 of the New York Penal Law. The law contains provision for varying degrees and punishments of criminal possession of weapons.

    From switchblades and gravity knives to loaded (or unloaded) guns and firearms, each case of weapons possession is punishable according to the degree and level of retribution specified in the penal law. Out-of-state licenses and weapons permits do not apply in New York, and will therefore not be considered by the New York Penal Law while assessing the degree of disobedience.

    Read more here: http://www.criminal-defenselawyer.net/possession-of-a-weapon-nypl-265/

  6. In practically every immigration court of the country, motions for a change of venue can be made orally, during the master calendar hearing, and they are rarely an issue in dispute.

    However, in Buffalo things work differently.

    The Buffalo immigration court is located at 130 Delaware Avenue, in Buffalo, New York.

    The Court has a history of being extremely rigorous when it comes to changing venue. I found blogs of other immigration attorneys bragging about their “victory” on a motion for a change of venue before the Buffalo immigration court.

    I also found an interesting letter from the Department of Justice , Office of Professional Responsibility, stating that the Court was subject to administrative action for inappropriate conduct….

    Read more here: http://www.criminalimmigrationlawyer.com/Blog/2015/February/Buffalo-Immigration-Court-motion-for-a-change-of.aspx



    Las leyes de inmigración y ciudadanía en los Estados Unidos son extremadamente complicadas de entender, y para poder aplicarlas correctamente se complica más aún debido a los cambios constantes que se producen en las políticas al respecto.

    Todo esto, durante los últimos años, ha hecho que se incremente la dificultad de poder obtener un visado de trabajo o simplemente una residencia legal permanente. Por otra parte, muchas solicitudes a la ciudadanía americana han sido sometidas a una mayor comprobación de antecedentes, los cuales pueden resultar en años de atrasos en algunos casos. Por este motivo, disponer de un competente asesoramiento por parte de un experimentadoAbogado de Inmigración es ahora mismo mucha más importante que nunca.

    Mi despacho de abogados, “Law Offices of Simone Bertollini” es un despacho especializado en legislación de inmigración ubicado en la ciudad de Nueva York. Yo gestiono casi en exclusiva los casos de inmigración, tanto los de trabajo temporal como los de visados para inversores, tarjera verde de residencia para la familia, y casos de naturalización para la ciudadanía norteamericana.

    Read more here: http://www.simonebertollini.com/En-Espanol.aspx

  8. Bringing In and Harboring Illegal Aliens
    Under 8 USC § 1324, there are many criminal activities that fall under the general category of assisting illegal immigrants. At one extreme of the scale are those who bring in or smuggle an alien into the U.S. without prior authorization. At the other end are those who help in more discreet ways, like referencing an alien to an employer.

    Bringing in, Transporting, and Harboring Aliens
    The following are all prohibited under U.S. immigration law:

    Bringing undocumented aliens to the U.S. without authorization or prior approval.
    Transporting illegal immigrants within the U.S.
    Harboring aliens: Harboring is any action that can significantly facilitate an alien’s capacity to stay in the United States illegally. It is unlawful for anyone to harbor, hide, or shield from detection by any means (including building or motor vehicle) a foreign national who is not a legal resident of the U.S. Even if an alien gained legal entry, once they lose legal status those who help him/her stay can be found guilty of harboring.
    Encouraging foreign nationals to enter the U.S. without authorization.
    Conspiracy to commit and/or aiding the execution of any of the aforementioned acts.

    Read more here: http://www.simonebertollini1.com/Immigration/Federal-Immigration-Crimes/Harboring-Illegal-Aliens.aspx

  9. The 5 steps to get your EB-5 Green card in the United States
    In Law: by Simone Bertollini
    The 5 steps to get your EB-5 Green card through investment in the United States:
    You have to find an appropriate business project to invest. This could be either anew commercial enterprise or a Regional center project. Commercial enterprise means any for-profit activity (does not include non-commercial activity) formed for the ongoing conduct of lawful business including, but not limited to:
    – A sole proprietorship
    – Partnership
    – Holding company
    – Joint venture
    – Corporation
    – Business trust or other entity
    Applicants must also ensure that they meet the investor income requirements in order to move forward with the EB-5 Green Card process.

    – See more at: http://www.visa-investors.com/the-5-steps-to-get-your-eb-5-green-card-through-investment-in-the-united-states/#sthash.9AwUDBVr.dpuf

  10. An Immigrant Visa is issued to a foreign national who intends to live and work permanently in the United States. In such cases, a relative or employer sponsors the individual by filing an application form with USCIS (U.S. Citizenship and Immigration Services). The application is then sent to the appropriate U.S. Consulate or Embassy. An intending immigrant must present the immigrant visa at a U.S. port-of-entry prior to the expiration of the immigrant visa. An intending immigrant becomes a lawful permanent resident once the immigrant visa and accompanying paperwork is reviewed and endorsed by a CBP Officer.

    Read more here: http://www.easyvisas.ca/how-do-i-immigrate-to-the-united-states/

  11. When you are charged with a criminal offense, your future is on the line. Not only you risk to get sentenced to jail or probation, but you will also lose your reputation. A criminal conviction will make it very difficult, if not impossible, for you to find a good job. More importantly, if you are not a citizen of the United States, you may be placed into deportation proceedings by the U.S. government.

    If the conviction is for a crime of moral turpitude, you will be forcibly removed from the country, unless you can get a Waiver of Inadmissibility. If the conviction was an aggravated felony, you will most likely get deported. This is why you need to also speak to a deportation defense lawyer before pleading guilty to any criminal offense. It is crucial to understand the immigration consequences of criminal convictions.

    Read more here: http://www.lawcourts.ca/new-york-federal-court-defense-lawyer/

  12. Estados Unidos de América suele ser una de las primeras opciones de quienes desea emigrar. Pero, primero nos tenemos que plantearnos. ¿Es realmente Estados Unidos el lugar ideal para emigrar?

    A esa pregunta debo responder que Estados Unidos cuenta con un sistema político maduro, una economía diversificada y constantes avances en materia tecnológica.

    Hay muchos motivos que ponen a los Estados Unidos de América entre las mejores opciones del mundo para emigrar. Al menos desde mi punto de vista personal.

    Read more here:

  13. La storia e la politica mantengono fin da sempre rapporti contrastanti e spesso burrascosi. Gli uomini aspirano a vivere in modo pacifico e governato dall’ordine, in un contest fatto di norme e regole. Queste ultime non sempre vengono rispettate perchè ci sono problemi, conflitti e dissoluzioni che possono solo essere risolti esclusivamente da regole ben precise. Il diritto è per questo un insieme di regole di condotta o norme generali ed astratte, il cui compito è quello di dissolvere, in maniera pacifica, i conflitti nonchè quello di garantire l’ordine sociale. L’ordinamento giuridico è il complesso delle leggi e delle corrispondenti Istituzioni che applicano le leggi o norme di condotta, munite di sanzioni, nonché regole relative ai metodi per l’eventuale rinnovamento delle norme e alle tecniche per la loro applicazione.

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