What Is Litigation? 

 March 26, 2018

By  LMW Attorneys

Litigation is a word many of us are familiar with, but aren’t exactly sure what it entails. Put simply, litigation is a broad term that includes almost every kind of legal action against a person.

The word simply refers to the overall legal process in which one party (the plaintiff) takes legal action against another person (the defendant) in the hopes of remedying any legal damages that were caused.

5 Different Types of Litigation

When it comes to litigation, there are all types of litigation suits and lawyers, including:

1. Civil Litigation

In a civil litigation case, two parties dispute in an attempt to resolve an issue within the court system.

2. Criminal Litigation

Under the Sixth Amendment, a person cannot be punished without a criminal litigation trial taking place first. Criminal litigation lawsuits are brought by a state against an individual. As part of the criminal litigation process, it’s necessary in the United States to have a fair and just trial with a jury of your peers.

3. Commercial or Small Business Litigation

For business owners, there is bound to be a time that they’re going to be involved in a commercial or small business litigation case. Business litigation focuses on all types of companies, both small and large.

In order for a litigation suit to arise, the business will have to have been accused of some sort of crime. Crimes can include fraud, breach of contract, misrepresentation or intellectual property theft.

4. Copyright, Patent, and Trademark Litigation

Other types of litigation cases include copyright, patent or trademark litigation.

Copyright infringement occurs when somebody reproduces a work of some kind.

In patent litigation, the person who holds the patent to an invention often wants to take another person to court if they are either selling or making the invention without the patent holder’s permission.

Trademark litigation cases often arise if two companies hold similar looking trademarks and one company feels that the second company is taking away their business.

5. Product Liability

Product liability is designed to protect consumers from defective or dangerous products. With product liability, there is no federal law. In most cases, product liability claims require different elements to be proven in order to present a successful claim.

How a Lawyer Helps in a Litigation Trial

A litigation attorney will work mainly with lawsuits. The goal of the attorney is to bring the lawsuit to court and win the case. Sometimes, litigation lawyers settle the case out of court.

Often, a litigation attorney will focus on a specific area of the law, like copyright litigation. However, other litigation attorneys choose to practice general litigation law and can take a variety of lawsuits to court.

Contact the Litigation Lawyers at Laporte, Mulligan & Werner-Watkins

If you’re in need of any legal advice regarding litigation or another legal matter, contact the attorneys at Laporte, Mulligan & Werner-Watkins P.A. Our team of legal professionals are experienced with liability cases and can help you through this trying time.

Call us at (727) 478-4125 for a free consultation by phone or at our office in Port Richey, FL.
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