To go to law; to carry on a lawsuit.
What is litigate?
• To contest in law.
• To dispute; to fight over.
Key takeaways
- Litigation involves resolving disputes through the court system.
- Parties in a lawsuit are called litigants.
- Litigation can be lengthy and costly.
In plain English
Litigating means taking a disagreement or issue to court to resolve it legally. This process involves filing a lawsuit, where one party sues another to settle their differences. It can include various steps, such as gathering evidence, presenting arguments, and possibly going to trial.
Why litigate matters
Litigation is a fundamental aspect of the U.S. legal system, allowing individuals and entities to seek justice and enforce their rights. It plays a crucial role in maintaining order by providing a structured way to resolve conflicts. Understanding how litigation works helps people navigate legal disputes effectively.
How litigate works in practice
To litigate, an individual or entity (the plaintiff) files a complaint in court against another party (the defendant). This initiates the lawsuit. Both parties then engage in discovery, where they exchange evidence and information. If the case does not settle, it may proceed to trial, where a judge or jury makes a final decision. The process is governed by rules such as the Federal Rules of Civil Procedure.
Examples
Scenario: Maria sues her neighbor for property damage after a tree falls on her house.
Outcome: The court hears both sides and decides who is responsible for the damages.
Scenario: James files a lawsuit against his employer for wrongful termination.
Outcome: The case goes to trial, where evidence is presented to determine if the firing was legal.
Frequently asked questions
What does it mean to litigate?
To litigate means to take a dispute to court and resolve it through legal proceedings.
Why would someone choose to litigate?
People choose to litigate to seek a legal remedy for grievances that cannot be resolved through negotiation.
How long does litigation usually take?
The duration of litigation varies widely, but it can take months or even years depending on the complexity of the case.