Litigation

Definition of Litigation

Note: See a more comprehensive approach to the Litigation legal concept in the American Law Encyclopedia

A lawsuit that is contested in a court. Litigation is a civil legal action initiated for the purpose of enforcing a legal right or securing some kind of legal remedy. Litigation is a controversy that is taken all the way to trial and is decided on the basis of evidence presented to a judge or a jury. The objectives of litigation are reflected in the kinds of relief or remedy sought in court. A large number of litigants want to restore something to a previous status. Such litigation typically involves return of money or property that previously belonged to the plaintiff. Damages, which attempt to obtain some kind of compensation for a loss, are closely related . If a person is injured in some kind of accident, compensation may be recovered for losses suffered beyond the medical costs. Damages may also be sought for injury to reputation or for mental suffering. In addition, litigation may take place in an effort to require someone to take some action or stop certain action. An action seeking to restrain a company from emitting pollutants oF infringing on a patent are examples of this kind of litigation. Finally, litigation may seek to define or clarify legal rights. For exam-ple, litigation may be instituted to stop enforcement of a law that a group feels is interfering with its constitutional rights.

See Also

DISPUTE RESOLUTION, 1 3; Judicial Function (Judicial Function).

Resources

Litigation Related Resources

• Litigation in the United States Legal Encyclopedia
• Judicial Function Keywords in the United States Legal Encyclopedia
• Judicial Function Keywords in the International Legal Dictionary

Notes

• “Litigation”, The American Law Dictionary, 1991, California

Litigation

In the Past

A contest authorized by law, in a court of justice, for the purpose of enforcing a right.

Developments

In order to prevent injustice, courts of equity (see more about this popular legal topic in the U.S. encyclopedia) will restrain a party from further litigation, by a writ of injunction; for example, after two verdicts on trials at bar, in favor of the plaintiff, a perpetual injunction was decreed. Str. 404. And not only between two individuals will a court of equity (see more about this popular legal topic in the U.S. encyclopedia) grant this relief, as in the above case of several ejectments, but also, when one general-legal right, as a right of fishery, is claimed against several, distinct people, in which case there would be no end of bringing actions, since each action would only bind the particular right in question, between the plaintiff and defendant in such action, without deciding the general right claimed. 2 Atk. 484; 2 Ves. jr. 587. Vide Circuity of Actions. [1]

Resources

Notes and References

1. Partialy, this information about litigation is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including litigation.

See Also

Litigation (Judicial Function)

Meaning of Litigation

This is a brief definition of litigation; a term used, in general, in the field of procedural law within the United States: A general term referring to civil and criminal cases, at any level of court.