What do you need to know about the lawsuit?
The lawsuit refers to the confrontation between two parties that is submitted to a judge. That is, the lawsuit is the trial where you are going to decide on the problem that has faced two natural or legal persons by an impartial figure.
When speaking of litigation like NYC based legal funding firm, not only does it refer to the act of the hearing where the trial takes place, but it also refers to the entire process, from the problem that originates the judicial process to its resolution.
The lawsuit originates from the claims of the parties, that is, what they want to achieve at trial. The purpose is to resolve the conflict according to law. The means to resolve the conflict is the process.
Principles of litigation
The lawsuit will be governed by various principles that will ensure a fair trial:
Principle of contradiction: Both parties, the defendant, and the plaintiff are allowed to access the process so that they can assert their claims. What favors this principle is the possibility of opposition to a lawsuit.
Principle of equality of arms: Both parties must have access to the same means of attack and defense to achieve their objective.
Types of processes
Not all lawsuits are the same since conflicts are completely different. Therefore, there are various processes to provide adequate solutions depending on the type of conflict the parties have:
Declarative process: The objective of this process is the declaration of the existence of a right or legal relationship.
Executive processes: The objective of this process is to comply with the solution given to the conflict.
Precautionary processes: The objective of this process is to ensure or guarantee the right to have conflict resolution effective.
Depending on the nature of the conflict, this lawsuit may be brought to different processes:
- Criminal process.
- Administrative process.
- Labor process.
- Constitutional process.
- Civil process.
Structure of a lawsuit
Once seen what the lawsuit is and that it is solved through the process, its principles, and types. The lawsuit also has a marked structure from start to finish:
Allegations phase: The purpose is to inform the judge of the conflict, the solution (claim) that he wants, and the facts that support this claim. In this phase is the demand.
Evidence phase: This part is necessary for a solution to the lawsuit by the judge through the discovery of the truth. This will be attempted through testing.
Conclusion and sentencing phase: This is the part where the judge resolves the conflict through a judicial resolution.
Appeals phase: In the event that one or both parties do not agree with the solution given by the judge, they may challenge said resolution through appeals.