A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. If the plaintiff is successful, judgment will be given in the plaintiff's favour, and a range of court orders may be issued to enforce a right, impose a penalty, award damages, impose an injunction to prevent an act or compel an act, or to obtain a declaratory judgment to prevent future legal disputes. In the common law, civil law refers to the area of law governing relations between private individuals. ... In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. ... This article is about law in society. ... A remedy is the solution or amelioration of a problem or difficulty. ... A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ... A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorises the carrying out of certain steps by one or more parties to a case. ... A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ... A penalty is a punishment: a legal sentence, e. ... In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm. ... An injunction is an equitable remedy in the form of a court order that either prohibits or compels (restrains or enjoins) a party from continuing a particular activity. ... A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have, but does not order any action or result in any legal damages. ...

It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations. However, it may involve public law issues in those jurisdictions that enable the government to be treated as if it were a private party in a lawsuit (as plaintiff or defendant regarding an injury), or that provide the government with a civil cause of action to enforce certain laws rather than criminal prosecution. Dispute resolution is the process of resolving disputes between parties. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... In common speech, the word individual most often refers to a person, or, by analogy, to any specific object in a group of things. ... The term business entity refers generally to any organization engaged in business activities, regardless of legal structure. ... A nonprofit organization (sometimes abbreviated to not-for-profit, non-profit, or NPO) is an organization whose primary objective is to support some issue or matter of private interest or public concern for non-commercial purposes. ... Public law is the law governing the relationship between individuals (citizens, companies) and the state. ...

Rules of procedure and complications in lawsuits

Rules of civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Civil procedure is additionally constrained/informed by separate statutory laws, case law, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules will generally reflect this legal context on their face. The details of procedure will differ from jurisdiction to jurisdiction, and often from court to court within the same jurisdiction. The rules are very important for litigants to know, however, because they dictate the timing and progression of the lawsuit--what may be filed and when to get what result. Failure to comply with the procedural rules can result in serious limitations in conducting the trial or even dismissal of the lawsuit. Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...

Though the vast majority of lawsuits are settled easily and never even get to trial, they can expand into a very complicated process. This is particularly true in federal systems, where a federal court may be applying state law (e.g., the Erie doctrine in the United States) or vice versa, or one state applying the law of another, and where it additionally may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not, as a practical matter, even have the ability to enforce a judgment if the defendant's assets are outside their reach. Federalism is the idea of a group or body of members that are bound together (latin: foedus, covenant) with a governing representative head. ... The Erie doctrine is a fundamental legal doctrine of Civil procedure in the American legal system that stems from Supreme court Justice Louis Brandeis watershed opinion in the landmark decision of Erie Railroad Co. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ...

Lawsuits become additionally complicated the more parties that are involved. Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants, who each can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. However, courts typically have some power to separate out claims and parties into separate suits if it is more efficient to do so, such as if there is not a sufficient overlap of factual issues between the various claims.

The Progress of a Lawsuit

The following is a generalized description of how a lawsuit may proceed in a common law jurisdiction:

Pleadings

The lawsuit begins with the plaintiff filing a complaint with the court. This complaint will state that the plaintiff is seeking damages or equitable relief from a stated defendant, and what the legal and factual bases for doing so are. The clerk of court then issues a summons, or serves process, upon the defendant to notify him that he is being sued and provide him with the nature of the claims. Once the defendant receives this notice, he has a time limit to file a response explaining his defenses to the plaintiff's claims, including any challenges to the court's jurisdiction, though some courts impose no limit on certain jurisdictional challenges. The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ... A summons is a legal document issued by a court addressed to a defendant in a legal proceeding. ... Service of process is the term given to legal notice of a court or administrative bodys exercise of its jurisdiction over individuals who are the subject of proceedings or actions brought before such court, body or other tribunal. ...

Usually the pleadings are drafted by a lawyer, but in many courts a person can file papers and represent themselves, which is called appearing pro se. Many courts have a pro se clerk to assist people without lawyers. In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... A lawyer is a person who advises clients in legal matters and represents them in courts of law and in other forms of dispute resolution. ... Pro se is a Latin adjective meaning for self, that is applied to someone who represents himself (or herself) without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. ... A pro se clerk is a clerk of the court, employed by the court and found in the courthouse. ...

Pre-trial

The early stages of the lawsuit may involve discovery, which is the ordered exchange of evidence and statements between the parties based on what they each expect to argue during the actual trial. Discovery is meant to eliminate surprises and clarify what the lawsuit is about, and perhaps to make a party realize they should settle or drop the claim, all before wasting court resources. At this point the parties may also engage in pretrial motion filing in order to exclude or include particular legal or factual issues before trial, by blocking the other party from presenting a particular witness or arguing a particular legal theory. In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for... The law of evidence governs the use of testimony (e. ... In law, a deposition is the act or fact of taking sworn testimony, outside of court, in certain well-defined circumstances. ...

At the close of discovery, the parties may pick a jury and then have a trial by jury. Or, the case may proceed as a bench trial heard only by the judge, if the parties waive a jury trial, or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction. A jury is a sworn body of persons convened to render a rational, impartial verdict and a finding of fact on a legal question officially submitted to them, or to set a penalty or judgment in a jury trial of a court of law. ... Trial by Jury is a comic Gilbert and Sullivan operetta in one act (the only single-act Savoy Opera). ... The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ...

Trial and Judgment

The lawsuit may then proceed similarly to a criminal trial, with each side presenting witnesses and submitting evidence, at the close of which the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, which means that it is up to him to produce enough evidence to persuade the judge or jury that his claim should succeed. The defendant may have the burden of proof on other issues, however, such as affirmative defenses. In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ... An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. ...

There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"--before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that because there is no reasonable way that the other party could legally win, there is no sense in continuing with the trial. Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict that is contrary to law or against the weight of the evidence, or to convince the judge that he should change his decision or grant a new trial. Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, based upon the courts finding that: (1) there are no issues of material fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party...

Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw his complaint and end the whole matter, or the defendant may agree to a settlement, which involves a negotiated award followed also by the plaintiff withdrawing his complaint and the settlement entered into the court record.

Appeal

After a final decision has been made, either party or both may appeal from the judgment if they are unhappy with it (and their jurisdiction grants the ability). Even the prevailing party may appeal, if, for example, they wanted an even larger award than was granted. The appellate court (which may be structured as an intermediate appellate court and a higher supreme court) will then affirm the judgment, refuse to hear it (which effectively affirms), reverse, or vacate and remand, which involves sending the lawsuit back to the lower trial court to address an unresolved issue, or possibly for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before finally being resolved. An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ... It has been suggested that this article or section be merged into Appeal. ... The supreme court in some countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. ...

Enforcement

When there finally is a final judgment, the plaintiff will likely be barred under res judicata from trying to bring the same or similar claim again against that defendant, or from relitigating any of the issues, even under different legal claims or theories. This prevents a new trial of the same case with a different result, or if the plaintiff won, a repeat trial that merely multiplies the judgment against the defendant. Res judicata (from res iudicata, Latin for a thing decided), more commonly res judicata in legal usage, is a common law doctrine meant to bar relitigation of cases between the same parties in court. ...

If the judgment is for the plaintiff, then the defendant must comply under penalty of law with the judgment, which will usually be a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction. If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of the other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, though courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be "judgment-proof." In most cases, nothing can be done to collect an award from a moneyless defendant.

Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment or international human rights treaties in the vast majority of common law jurisdictions.

History of the term "lawsuit"

Today, lawyers in common law jurisdictions, particularly in the US, use the terms "lawsuit" and "civil action" synonymously, but this was not always the case. During the 18th and 19th centuries, it was common for lawyers to speak of bringing an action at law and a suit in equity. The unification of law and equity during the early 20th century led to the collapse of that distinction, so it became possible to speak of a "lawsuit."

In England and Wales the term "claim" is far more common, the person initiating proceedings being the Claimant. The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ...

In medieval times, both "action" and "suit" had the approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment.

The first law suit on the books

Lawsuits in Technology

In many developed countries, the rapid development of technology has led to striking controversies, both idealistic and legal.

In the realm of software, Microsoft has been sued by multiple governments for violating anti-trust laws, and they have been accused of establishing a monopoly over computer operating systems. Microsoft Corporation (NASDAQ: MSFT, SEHK: 4338) is an international computer technology corporation with 2005 global annual sales of close to $40 billion USD and about 64,000 employees in 85 countries and regions which develops, manufactures, licenses, and supports a wide range of software products for computing devices. ... Media:Example. ... In economics, a monopoly (from the Greek monos, one + polein, to sell) is defined as a persistent market situation where there is only one provider of a kind of product or service. ...

The creation of the mp3, a digital music file, has led to the mass distribution of music over file sharing networks. For some time, the legal status of these networks was in limbo. Napster, the first widely used music sharing service, was sued by several large recording labels in 1999. They argued unsucessfully that the network represented the free movement of information and thus was protected as free speech under the First Amendment. In July 2001, Napster shut down its service as part of a settlement. File sharing networks remain in existence today, but the RIAA has launched thousands of lawsuits against individual music downloaders for violating copyright laws; according to the RIAA, this strategy has helped promote the legal purchasing of music through music stores such as RealNetworks's Rhapsody and Apple's iTunes. MPEG-1 Audio Layer 3, more commonly referred to as MP3, is a popular digital audio encoding and lossy compression format invented and standardized in 1991 by a team of engineers directed by the Fraunhofer Society in Germany. ... File sharing is the activity of making files available to other users for download over the Internet, but also over smaller networks. ... Second version (revised 2001) of Napster logo: Cat wearing headphones. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... The Recording Industry Association of America (RIAA) is a special interest group representing the U.S. recording industry, and the body responsible for certifying gold and platinum albums and singles in the USA. For more information about sales data see list of best selling albums and list of best selling... RealNetworks NASDAQ: RNWK is a provider of Internet media delivery software and services based in Seattle, United States. ... iTunes is a proprietary digital media player application, developed by Apple Computer, for playing and organizing digital music and video files. ...

A legal battle is presently being fought for intellectual property rights to the popular BlackBerry mobile e-mail system. BlackBerry 7100t The BlackBerry is a wireless handheld device that was introduced in 1999 that supports push e-mail, mobile telephone, text messaging, web browsing and other wireless information services. ...

Lawsuits in Fiction

The classic lawsuit in English literature is Jarndyce v. Jarndyce in Charles Dickens' novel, Bleak House. The case proceeds over decades, enriching regiments of attorneys and bleeding the assets being fought over until nothing is left for the beneficiaries.en:Lawsuit