Lawsuit

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Facts - Books - News    U.S. Facts Of Law:


What Is A Lawsuit?

A lawsuit is a civil action brought in a court of law by a plaintiff seeking relief from the court against the party named as the the defendant.  Lawsuits can be brought for a large number of reasons such as breach of contract, seeking damages from an accident or other incident, seeking punitive damages if allowed by law, seeking an injunction to stop an action, for real estate disputes, dog bites, etc., etc.  The list is endless.  In most instances, a lawsuit contains a request for monetary damages.

After hearing both parties present the complaint, the evidence, supporting case law, the redress being requested and the defense, the judge or jury decides if the plaintiff's case is valid under the law and, if so, issues an appropriate judgment in favor of the plaintiff.  A judgment may or may not be for what the plaintiff had requested.  Also, the defendant may answer the complaint to the court with a counter suit asking for redress from the plaintiff.

Civil lawsuits are not always between individuals.  They can include corporations, partnerships, municipalities, governments and other legal entities.

In the United States a lawsuit can be brought against anyone for practically any legal reason.  Many lawsuits are called frivolous lawsuits because the complaint if over a very small or ridiculous issue and the intent is to either find a sympathetic jury that will award an unreasonable judgment or the defendant will settle with the plaintiff for a sum of money just to avoid the hassle of dealing with the suit.

Unfortunately, in most civil cases the responsibility of paying the legal expenses of defending oneself from a lawsuit cannot be recovered from the plaintiff even if the defense is successful.  This is one reason the U.S. is suffering from an epidemic of frivolous lawsuits.  Some countries require that the losing party pay the legal expenses of both parties.  The fear of losing and having to pay all attorney's fees for both sides prevents many from bringing frivolous suits in those countries.

 

Lawsuit Best Sellers from Amazon.com

The Anatomy of a Lawsuit (Contemporary legal education series)
by Peter N. Simon
Amazon Price:
Customer Review: I practice law, but not litigation. As part of a course I had to introduce students to litigation. This book is great for that. An easy read, raises lots of great issues, and goes all the way from facts to state supreme court appeal.

Lessons from the Courtroom
by Frank Jones
Amazon Price: $16.47
Customer Review: This trial practice book does more than simply explain the mechanics of key techniques. It offers practical advice and wisdom on handling disputes and serving clients---the stuff that is rarely taught in law school and is learned only after years of...

The Collapse of the Common Good: How America's Lawsuit Culture Undermines Our...
by Philip K. Howard
Amazon Price: $11.25
Customer Review: Howard's previous effort, "Death of Common Sense: How Law is Suffocating America," was spot-on. This one, unfortunately, takes the misguided and anti-liberty view that our courts are supposed to make law, rather than decide its legality.


Win Your Lawsuit: A Judge's Guide to Representing Yourself in California Supe...
by Roderic Duncan Judge
Amazon Price: $26.39

When Good Doctors Get Sued: A Guide for Defendant Physicians Involved in Malp...
by Angela Dodge; Steven Fitzer
Amazon Price: $24.95


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