1274:
allegation. Some jurisdictions, like
California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against the plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. The defendant may also file a "
1162:). The details of each kind of legal procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within the same jurisdiction. It is important for litigants to be aware of all relevant procedural rules (or to hire competent counsel who can either comply with such rules on their behalf or explain the rules to them), because the litigants ultimately dictate the timing and progression of the lawsuit. Litigants are responsible for obtaining the desired result and the timing of reaching this result. Failure to comply with procedural rules may result in serious limitations that can affect the ability of one to present claims or defenses at any subsequent trial, or even lead to the dismissal of the lawsuit altogether.
1204:). 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. Each of these participants 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. In reality however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits.
1519:
document stating reason for appeal, to the court. Decisions of the court can be made immediately after just reading the written brief, or there can also be oral arguments made by both parties involved in the appeal. The appellate court then makes the decision about what errors were made when the law was looked at more closely in the lower court. There were no errors made, the case would then end, but if the decision was reversed, the appellate court would then send the case back down to the lower court level. There, a new trial will be held and new information taken into account.
54:
1446:
1515:(which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands. This process would then involve sending the lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before final resolution.
1669:
1647:
filed with an insurer or administrative agency. If the claim is denied, then the claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision, and from that point forward participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in
American English, in that only the latter risks an award of
1278:", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for the plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase.
1285:(in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that the motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant
1414:, 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 contrary to law or against the weight of the evidence, or to convince the judge to change the decision or grant a new trial.
1775:
can have large membership counts where the members contribute to the fund. Unlike legal financing from legal financing companies, legal defense funds provide a separate account for litigation rather than a one-time cash advancement, nevertheless, both are used for purposes of financing litigation and
1522:
Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to a history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem).
1425:
The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records. In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on
1646:
American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action alleged in a complaint. Similarly, "defense" refers to only one or more affirmative defenses alleged in an answer. Americans also use "claim" to describe an extrajudicial demand
1510:
from the judgment if they believe there had been a procedural error made by the trial court. It is not necessarily an automatic appeal after every judgment has been made, however, if there is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example,
1327:
A pretrial discovery can be defined as "the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial" and allows for the evidence of the trial to be presented to the parties before the initial trial begins. The early stages of the lawsuit
1242:
is the most important step in a civil case because a complaint sets the factual and legal foundation for the entirety of a case. While complaints and other pleadings may ordinarily be amended by a motion with the court, the complaint sets the framework for the entire case and the claims that will be
1273:
If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to the allegation, denying it, or pleading a lack of sufficient information to admit or deny the
1579:
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, however, courts tend to grant each other respect
1386:
Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with a trial. It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit,
1347:
There is also the ability of one to make an under oath statement during the pretrial, also known as a deposition. The deposition can be used in the trial or just in the pretrial, but this allows for both parties to be aware of the arguments or claims that are going to be made by the other party in
1207:
The official ruling of a lawsuit can be somewhat misleading because post-ruling outcomes are often not listed on the internet. For example, in the case of
William J. Ralph Jr. v. Lind-Waldock & Company (September 1999), one would assume that Ralph lost the case when in fact, upon review of the
1783:
that shows why litigation financing can be practical and beneficial to the overall court system and lawsuits within the court. This study concluded that the new rules that were set for litigation financing actually did produce more settlements. Under conservative rules, there tended to be fewer
1417:
Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement. If the case settles, the parties might choose to enter into a stipulated judgment with the
1254:
by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they are limited in the amount of time to reply. The service provides a copy of the complaint in order to notify the defendants of the nature of the
1518:
The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear. The initial step in making an appeal consists of the petitioner filing a notice of appeal and then sending in a brief, a written
1409:
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 there is no
1768:, rent, medical expenses, or other bills to pay. Other times, litigants may simply need money to pay for the costs of litigation and attorneys' fees, and for this reason, many litigants turn to reputable legal financing companies to apply for a cash advance to help pay for bills.
1745:
in that the legal financing company does not look at credit history or employment history. Litigants do not have to repay the cash advance with monthly payments, but do have to fill out an application so that the legal financing company can review the merits of the case.
1196:
are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have the ability to enforce a judgment if the defendant's assets are theoretically outside their reach.
1552:
from relitigating any of the issues, even under different legal theories. Judgments are typically 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, such as:
1127:
The word "lawsuit" derives from the combination of law and suit. Suit derives from the old French "suite, sieute" meaning to pursue or follow. This term was derived from the Latin "secutus", the past participle of "sequi" meaning to attend or follow.
1523:
The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal.
1040:" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a
1114:
Conducting a civil action is called litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators. The term litigation may also refer to the conducting of criminal actions (see
1211:
Cases such as this illustrate the need for more comprehensive information than mere internet searches when researching legal decisions. While online searches are appropriate for many legal situations, they are not appropriate for all.
1270:) a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendants. In such jurisdictions, nothing must be filed with the court until a dispute develops requiring actual judicial intervention.
1591:
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.
1654:
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.
1359:
or the case may proceed as a bench trial. A bench trial is only heard 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
1532:, meaning the plaintiff may not bring another action based on the same claim again. In addition, other parties who later attempt to re-litigate a matter already ruled on in a previous lawsuit will be
2135:
1600:
Scholars in law, economics and management have studied why firms involved in a dispute choose between private dispute resolution—such as negotiation, mediation, and arbitration—and litigation.
1643:(1883), in which the "statement of claim" and "defence" replaced the traditional complaint and answer as the pleadings by which parties placed their case at issue before the trial court.
1394:
At trial, each person presents witnesses and the evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the
1771:
Defendants, civil rights organizations, public interest organizations, and government public officials can all set up an account to pay for litigation costs and legal expenses. These
1406:
that ensures they meet the necessary elements of their case or (when the opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden.
1246:
It is likewise important that the plaintiff select the proper venue with the proper jurisdiction to bring the lawsuit. The clerk of a court signs or stamps the court seal upon a
1787:
Legal financing can become an issue in some cases, varying from case to case and person to person. It can be beneficial in many situations, however also detrimental in others.
1234:
A lawsuit begins when a complaint or petition, known as a pleading, is filed with the court. A complaint should explicitly state that one or more plaintiffs seek(s) damages or
1180:), or vice versa. It is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has
2160:
Barkai, John; Kent, Elizabeth (2014-01-01). "Let's Stop
Spreading Rumors About Settlement and Litigation: A Comparative Study of Settlement and Litigation in Hawaii Courts".
1259:
stating their defenses to the plaintiff's claims, which includes any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff.
1238:
from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by the plaintiffs. As the initial pleading, a
1426:
or reducing the punishment. In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision.
1340:
between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop
624:
1208:
evidence, it was found that Ralph was correct in his assertion that improper activity took place on the part of Lind-Waldock, and Ralph settled with Lind-Waldock.
2131:
1064:
is entered in favor of the plaintiff, and the Court may impose the legal and/or equitable remedies available against the defendant (respondent). A variety of
2106:
1239:
1004:
1628:(1938) abolished the distinction between actions at law and suits in equity in federal practice, in favor of a single form referred to as a "civil action."
1131:
Similarly, the word "sue", derives from the old French "suir, sivre" meaning to pursue or follow after. This was also derived from the Latin word "sequi".
1165:
Though the majority of lawsuits are settled before ever reaching trial, they can still be very complicated to litigate. This is particularly true in
1281:
Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a
466:
1344:
or defenses. At this point the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial.
1856:
64:
1107:
is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws, or as a
617:
997:
2236:
2084:
2028:
610:
2056:
2368:
1410:
reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for
1679:
1111:
in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the state.
916:
1923:
990:
114:
1752:
can be a practical means for litigants to obtain financing while they wait for a monetary settlement or an award in their
505:
554:
1608:
During the 18th and 19th centuries, it was common for lawyers to speak of bringing an "action" at law and a "suit" in
2332:
2298:
2192:
1712:
1493:
559:
274:
98:
1475:
1387:
with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to
1625:
1255:
claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an
510:
125:
1725:
Particularly in the United States, plaintiffs and defendants who lack financial resources for litigation or other
1620:
of 1873 and 1875 led to the collapse of that distinction, so it became possible to speak of a "lawsuit." In the
1841:
1471:
881:
156:
1993:
Galanter, Marc; Cahill, Mia (1993). "Most Cases Settle: Judicial
Promotion and Regulation of Settlements".
1914:. Chicago: National Association for Law Placement, Harcourt Legal & Professional Publications. p.
1193:
515:
130:
1733:. Legal financing companies can provide a cash advance to litigants in return for a share of the ultimate
500:
151:
1737:
or award. If the case ultimately loses, the litigant does not have to pay any of the money funded back.
1640:
948:
855:
265:
1220:
The following is a generalized description of how a lawsuit may proceed in a common law jurisdiction:
1887:
204:
167:
2110:
1757:
1694:
1467:
1456:
1398:
in making his claims, however, the defendant may have the burden of proof on other issues, such as
943:
901:
705:
698:
80:
42:
2029:"WILLIAM J. RALPH, JR., Complainant, v. LIND-WALDOCK & COMPANY and JEFFREY KUNST, Respondents"
1734:
1460:
1381:
1300:, but in many courts persons can file papers and represent themselves, which is called appearing
790:
720:
428:
1526:
When the lawsuit is finally resolved, or the allotted time to appeal has expired, the matter is
1811:
1030:
389:
384:
161:
2169:
2322:
2288:
1915:
1908:
1395:
1275:
1185:
926:
865:
484:
421:
184:
24:
1821:
1341:
1077:
931:
565:
233:
172:
38:
8:
1851:
1846:
1831:
1419:
1399:
860:
759:
736:
640:
416:
321:
295:
197:
2237:"Firms, courts, and reputation mechanisms: Toward a positive theory of private ordering"
1639:. England and Wales began to turn away from traditional common law terminology with the
1546:
When a final judgment is entered, the plaintiff is usually barred under the doctrine of
2390:
2382:
2264:
2256:
2217:
2010:
1772:
1580:
when there is not a clear legal rule to the contrary. A defendant who has no assets in
1251:
1147:
1116:
1088:
978:
896:
891:
676:
366:
336:
301:
2413:
2394:
2328:
2294:
2188:
2165:
1919:
1764:
lawsuit. Often, plaintiffs who were injured or forced to leave their jobs still have
1726:
1635:
the term "claim" is far more common; the person initiating proceedings is called the
1632:
1557:
886:
850:
824:
754:
686:
550:
2268:
2372:
2248:
2002:
1892:
1613:
1573:
1411:
1388:
1337:
1267:
1057:
1045:
411:
406:
376:
1200:
Lawsuits can become additionally complicated as more parties become involved (see
2208:
Bebchuk, Lucian (1984). "Litigation and settlement under imperfect information".
1796:
1753:
1749:
1738:
1730:
1690:
1617:
1512:
1329:
1322:
1140:
1096:
938:
845:
829:
769:
371:
361:
260:
227:
72:
1784:
settlements, however under the older rules they tended to be larger on average.
2057:"WILLIAM J. RALPH, JR., Complainant, v. LIND-WALDOCK & COMPANY, Respondent"
1816:
1588:." The term is generally a colloquialism to describe an impecunious defendant.
1585:
1403:
1377:
1333:
1189:
1104:
1061:
911:
495:
341:
31:
20:
2386:
2407:
1826:
1765:
1621:
1177:
1170:
1151:
1081:
963:
953:
764:
520:
1612:. An example of that distinction survives today in the codified text of the
1761:
1609:
1548:
1528:
1422:, so that the settlement agreement is never entered into the court record.
1361:
1307:
1256:
1235:
1181:
1100:
1041:
1033:
958:
809:
666:
535:
331:
306:
291:
270:
139:
76:
1940:
1806:
1801:
1648:
1563:
1159:
1092:
1068:
may be issued in connection with or as part of the judgment to enforce a
1065:
973:
968:
921:
799:
779:
715:
681:
656:
647:
448:
218:
190:
1103:. A lawsuit may also involve issues of public law in the sense that the
2260:
2221:
2014:
1836:
1356:
1263:
1166:
1144:
1073:
596:
540:
311:
1967:
1348:
the trial. It is notable that the depositions can be written or oral.
2185:
Foundations of
Insurance Economics: Readings in Economics and Finance
1108:
1053:
1026:
1022:
906:
819:
814:
804:
693:
477:
458:
453:
326:
255:
2252:
2006:
1445:
1192:
to participate in a lawsuit. About 98 percent of civil cases in the
2377:
2356:
1636:
1534:
1293:
1282:
1229:
1169:
systems, where a federal court may be applying state law (e.g. the
1155:
1072:, award damages or restitution, or impose a temporary or permanent
745:
710:
589:
286:
243:
1418:
settlement agreement attached, or the plaintiff may simply file a
1247:
1201:
661:
545:
316:
30:"Litigators" redirects here. For the novel by John Grisham, see
2357:"The Effects of Litigation Financing Rules on Settlement Rates"
1507:
1506:
After a final decision has been made, either party or both may
1435:
1302:
1297:
578:
1328:
may involve initial disclosures of evidence by each party and
1861:
1373:
1069:
1049:
438:
63:
deal primarily with the United States and do not represent a
1595:
1364:
in the U.S.) or for any lawsuits within their jurisdiction.
1742:
1568:
1352:
472:
1052:. The defendant is required to respond to the plaintiff's
1351:
At the close of discovery, the parties may either pick a
1158:, and constitutional provisions (especially the right to
774:
671:
1686:
1616:. The fusion of common law and equity in England in the
1965:
1938:
1134:
1511:
if they wanted a larger award than was granted. The
2282:
2280:
2278:
1402:. The attorneys are held responsible in devising a
1150:of dispute resolution. Procedural rules arise from
2164:. Rochester, NY: Social Science Research Network.
1907:
1188:over the defendant, or whether the plaintiff has
19:"Civil action" redirects here. For the book, see
2405:
2314:
2275:
2107:"How Courts Work: Steps in a Trial – Discovery"
1884:
1992:
1857:Strategic lawsuit against public participation
1025:or claimant) against one or more parties (the
998:
618:
61:The examples and perspective in this article
2354:
1391:, lack of a valid claim, and other reasons.
1262:In a handful of jurisdictions (notably, the
1021:is a proceeding by one or more parties (the
37:"Suing" redirects here. For other uses, see
1906:Abram, Lisa L. (2000). "Civil Litigation".
1474:. Unsourced material may be challenged and
2159:
1005:
991:
625:
611:
2376:
2324:Drafting Legal Documents in Plain English
2290:Drafting Legal Documents in Plain English
2176:
1713:Learn how and when to remove this message
1596:Research in law, economics and management
1494:Learn how and when to remove this message
99:Learn how and when to remove this message
2320:
2286:
2162:Ohio State Journal on Dispute Resolution
1685:Relevant discussion may be found on the
1243:asserted throughout the entire lawsuit.
2369:University of California, Santa Barbara
2234:
2207:
1910:The Official Guide to Legal Specialties
1651:in favor of an adversary in a lawsuit.
1143:govern the conduct of a lawsuit in the
2406:
2327:. Milan: Giuffrè Editore. p. 18.
2293:. Milan: Giuffrè Editore. p. 23.
2182:
1697:to additional sources at this section.
1332:, which is the structured exchange of
1076:to prevent an act or compel an act. A
917:Forum (alternative dispute resolution)
16:Civil action brought in a court of law
2355:Inglis, Laura; McCabe, Kevin (2010).
2155:
2153:
2087:. New York State Unified Court System
1905:
1885:Brian A. Garner, ed. (2014). "Suit".
1316:
1662:
1472:adding citations to reliable sources
1439:
1135:Rules of procedure and complications
47:
1779:There was a study conducted in the
13:
2150:
1678:relies largely or entirely upon a
1313:to assist people without lawyers.
1060:. If the plaintiff is successful,
14:
2425:
2138:from the original on 24 June 2015
1741:is different from a typical bank
1667:
1626:Federal Rules of Civil Procedure
1444:
1080:may be issued to prevent future
126:Federal Rules of Civil Procedure
52:
2348:
2228:
2201:
2124:
2099:
2077:
2049:
2021:
1986:
1959:
1932:
1899:
1878:
1842:List of environmental lawsuits
1603:
1541:
882:Alternative dispute resolution
511:Notwithstanding verdict (JNOV)
351:
1:
2361:Supreme Court Economic Review
1966:Online Etymology Dictionary.
1939:Online Etymology Dictionary.
1872:
1781:Supreme Court Economic Review
1367:
2134:. American Bar Association.
1658:
1584:jurisdiction is said to be "
1215:
1194:United States federal courts
1122:
131:Doctrines of civil procedure
7:
1972:Online Etymology Dictionary
1945:Online Etymology Dictionary
1790:
1250:or citation, which is then
1223:
75:, discuss the issue on the
10:
2430:
1641:Rules of the Supreme Court
1433:
1371:
1320:
1227:
949:Peace and conflict studies
856:Mutual assured destruction
266:Case Information Statement
36:
29:
18:
2210:RAND Journal of Economics
1429:
501:As a matter of law (JMOL)
2183:Dionne, Georges (1992).
2132:"Glossary D: Deposition"
2111:American Bar Association
1867:
944:Non-aggression principle
902:Conflict style inventory
706:Nonviolent Communication
398:Resolution without trial
43:Lawsuit (disambiguation)
2321:Steadman, Jean (2013).
2287:Steadman, Jean (2013).
2235:Richman, Barak (2004).
1382:Settlement (litigation)
791:International relations
721:Speaking truth to power
1888:Black's Law Dictionary
1729:may be able to obtain
1089:resolution of disputes
1087:A lawsuit may involve
390:Request for production
385:Request for admissions
1758:workers' compensation
1306:. Many courts have a
1276:third party complaint
1186:personal jurisdiction
1176:, for example in the
1139:Rules of criminal or
1095:between individuals,
866:Nuclear proliferation
423:Involuntary dismissal
25:A Civil Action (film)
1822:Compensation culture
1691:improve this article
1468:improve this section
1400:affirmative defenses
1091:involving issues of
1078:declaratory judgment
1036:. The archaic term "
932:Paradox of tolerance
566:Declaratory judgment
234:Forum non conveniens
117:in the United States
81:create a new article
73:improve this article
39:Sue (disambiguation)
23:. For the film, see
2241:Columbia Law Review
2085:"Pleading: AxonHCS"
1995:Stanford Law Review
1852:Restorative justice
1847:Private prosecution
1832:Indispensable party
1773:legal defense funds
1420:voluntary dismissal
861:Nuclear disarmament
760:Conflict escalation
737:Conflict management
641:Conflict resolution
516:Motion to set aside
417:Voluntary dismissal
322:Indispensable party
296:affirmative defense
1317:Pretrial discovery
1184:over the claim or
1148:adversarial system
1117:criminal procedure
979:Track II diplomacy
927:Prisoner's dilemma
897:Conflict continuum
892:Conflict avoidance
677:Dispute resolution
367:Initial conference
352:Pretrial procedure
1925:978-0-15-900391-6
1891:(10th ed.).
1723:
1722:
1715:
1633:England and Wales
1558:Writ of execution
1504:
1503:
1496:
1296:are drafted by a
1097:business entities
1015:
1014:
887:Anti-war movement
851:Nuclear blackmail
755:Communal violence
635:
634:
109:
108:
101:
83:, as appropriate.
2421:
2399:
2398:
2380:
2352:
2346:
2345:
2343:
2341:
2318:
2312:
2311:
2309:
2307:
2284:
2273:
2272:
2247:(8): 2328–2368.
2232:
2226:
2225:
2205:
2199:
2198:
2180:
2174:
2173:
2157:
2148:
2147:
2145:
2143:
2128:
2122:
2121:
2119:
2117:
2103:
2097:
2096:
2094:
2092:
2081:
2075:
2074:
2072:
2070:
2061:
2053:
2047:
2046:
2044:
2042:
2033:
2025:
2019:
2018:
2001:(6): 1339–1391.
1990:
1984:
1983:
1981:
1979:
1974:. Douglas Harper
1963:
1957:
1956:
1954:
1952:
1947:. Douglas Harper
1936:
1930:
1929:
1913:
1903:
1897:
1896:
1882:
1718:
1711:
1707:
1704:
1698:
1671:
1670:
1663:
1614:Ku Klux Klan Act
1574:Wage garnishment
1499:
1492:
1488:
1485:
1479:
1448:
1440:
1412:summary judgment
1389:default judgment
1355:and then have a
1342:frivolous claims
1289:file an answer.
1236:equitable relief
1058:default judgment
1046:equitable remedy
1007:
1000:
993:
637:
636:
627:
620:
613:
424:
412:Summary judgment
407:Default judgment
157:Federal question
111:
110:
104:
97:
93:
90:
84:
56:
55:
48:
2429:
2428:
2424:
2423:
2422:
2420:
2419:
2418:
2404:
2403:
2402:
2353:
2349:
2339:
2337:
2335:
2319:
2315:
2305:
2303:
2301:
2285:
2276:
2253:10.2307/4099361
2233:
2229:
2206:
2202:
2195:
2181:
2177:
2158:
2151:
2141:
2139:
2130:
2129:
2125:
2115:
2113:
2105:
2104:
2100:
2090:
2088:
2083:
2082:
2078:
2068:
2066:
2059:
2055:
2054:
2050:
2040:
2038:
2031:
2027:
2026:
2022:
2007:10.2307/1229161
1991:
1987:
1977:
1975:
1964:
1960:
1950:
1948:
1937:
1933:
1926:
1904:
1900:
1883:
1879:
1875:
1870:
1797:Actio popularis
1793:
1754:personal injury
1750:Legal financing
1739:Legal financing
1731:legal financing
1727:attorney's fees
1719:
1708:
1702:
1699:
1693:by introducing
1684:
1672:
1668:
1661:
1618:Judicature Acts
1606:
1598:
1544:
1538:from doing so.
1513:appellate court
1500:
1489:
1483:
1480:
1465:
1449:
1438:
1432:
1396:burden of proof
1384:
1372:Main articles:
1370:
1325:
1323:Discovery (law)
1319:
1232:
1226:
1218:
1141:civil procedure
1137:
1125:
1011:
939:Liaison officer
846:Nuclear warfare
830:Multilateralism
770:Just war theory
631:
602:
571:
538:
529:
498:
489:
485:Burden of proof
433:
422:
381:
372:Interrogatories
346:
280:
261:Cause of action
258:
228:Change of venue
211:
187:
178:
166:
154:
116:
115:Civil procedure
105:
94:
88:
85:
70:
57:
53:
46:
35:
28:
17:
12:
11:
5:
2427:
2417:
2416:
2401:
2400:
2387:10.1086/659984
2378:10.1086/659984
2347:
2333:
2313:
2299:
2274:
2227:
2216:(3): 404–415.
2200:
2193:
2175:
2149:
2123:
2098:
2076:
2048:
2020:
1985:
1958:
1941:"lawsuit (n.)"
1931:
1924:
1898:
1876:
1874:
1871:
1869:
1866:
1865:
1864:
1859:
1854:
1849:
1844:
1839:
1834:
1829:
1824:
1819:
1817:Civil recovery
1814:
1809:
1804:
1799:
1792:
1789:
1721:
1720:
1689:. Please help
1675:
1673:
1666:
1660:
1657:
1605:
1602:
1597:
1594:
1586:judgment-proof
1577:
1576:
1571:
1566:
1560:
1543:
1540:
1502:
1501:
1452:
1450:
1443:
1434:Main article:
1431:
1428:
1404:trial strategy
1378:Judgment (law)
1369:
1366:
1321:Main article:
1318:
1315:
1228:Main article:
1225:
1222:
1217:
1214:
1136:
1133:
1124:
1121:
1099:or non-profit
1082:legal disputes
1013:
1012:
1010:
1009:
1002:
995:
987:
984:
983:
982:
981:
976:
971:
966:
961:
956:
951:
946:
941:
936:
935:
934:
929:
919:
914:
912:Family therapy
909:
904:
899:
894:
889:
884:
876:
875:
871:
870:
869:
868:
863:
858:
853:
848:
840:
839:
835:
834:
833:
832:
827:
822:
817:
812:
807:
802:
794:
793:
787:
786:
785:
784:
783:
782:
772:
767:
762:
757:
749:
748:
742:
741:
740:
739:
731:
730:
726:
725:
724:
723:
718:
713:
708:
703:
702:
701:
699:Party-directed
691:
690:
689:
684:
679:
669:
664:
659:
651:
650:
644:
643:
633:
632:
630:
629:
622:
615:
607:
604:
603:
601:
600:
593:
585:
582:
581:
575:
574:
573:
572:
570:
569:
563:
557:
551:Attorney's fee
548:
543:
532:
530:
528:
527:
518:
513:
508:
503:
492:
488:
487:
482:
470:
463:
462:
461:
456:
445:
442:
441:
435:
434:
432:
431:
426:
419:
414:
409:
403:
400:
399:
395:
394:
393:
392:
387:
380:
379:
374:
369:
364:
358:
355:
354:
348:
347:
345:
344:
339:
334:
329:
324:
319:
314:
309:
304:
299:
289:
283:
282:
281:
279:
278:
268:
263:
252:
247:
246:
240:
239:
238:
237:
230:
222:
221:
215:
214:
213:
212:
210:
209:
201:
194:
181:
179:
177:
176:
170:
164:
159:
152:Subject-matter
148:
143:
142:
136:
135:
134:
133:
128:
120:
119:
107:
106:
67:of the subject
65:worldwide view
60:
58:
51:
32:The Litigators
21:A Civil Action
15:
9:
6:
4:
3:
2:
2426:
2415:
2412:
2411:
2409:
2396:
2392:
2388:
2384:
2379:
2374:
2370:
2366:
2362:
2358:
2351:
2336:
2334:9788814184772
2330:
2326:
2325:
2317:
2302:
2300:9788814184772
2296:
2292:
2291:
2283:
2281:
2279:
2270:
2266:
2262:
2258:
2254:
2250:
2246:
2242:
2238:
2231:
2223:
2219:
2215:
2211:
2204:
2196:
2194:0-7923-9204-3
2190:
2186:
2179:
2171:
2167:
2163:
2156:
2154:
2137:
2133:
2127:
2112:
2108:
2102:
2086:
2080:
2065:
2058:
2052:
2037:
2030:
2024:
2016:
2012:
2008:
2004:
2000:
1996:
1989:
1973:
1969:
1962:
1946:
1942:
1935:
1927:
1921:
1917:
1912:
1911:
1902:
1894:
1890:
1889:
1881:
1877:
1863:
1860:
1858:
1855:
1853:
1850:
1848:
1845:
1843:
1840:
1838:
1835:
1833:
1830:
1828:
1827:Hearing (law)
1825:
1823:
1820:
1818:
1815:
1813:
1810:
1808:
1805:
1803:
1800:
1798:
1795:
1794:
1788:
1785:
1782:
1777:
1776:legal costs.
1774:
1769:
1767:
1763:
1759:
1755:
1751:
1747:
1744:
1740:
1736:
1732:
1728:
1717:
1714:
1706:
1703:December 2023
1696:
1692:
1688:
1682:
1681:
1680:single source
1676:This section
1674:
1665:
1664:
1656:
1652:
1650:
1644:
1642:
1638:
1634:
1629:
1627:
1623:
1622:United States
1619:
1615:
1611:
1601:
1593:
1589:
1587:
1583:
1575:
1572:
1570:
1567:
1565:
1562:Bank account
1561:
1559:
1556:
1555:
1554:
1551:
1550:
1539:
1537:
1536:
1531:
1530:
1524:
1520:
1516:
1514:
1509:
1498:
1495:
1487:
1484:December 2023
1477:
1473:
1469:
1463:
1462:
1458:
1453:This section
1451:
1447:
1442:
1441:
1437:
1427:
1423:
1421:
1415:
1413:
1407:
1405:
1401:
1397:
1392:
1390:
1383:
1379:
1375:
1365:
1363:
1358:
1357:trial by jury
1354:
1349:
1345:
1343:
1339:
1335:
1331:
1324:
1314:
1312:
1310:
1305:
1304:
1299:
1295:
1290:
1288:
1284:
1279:
1277:
1271:
1269:
1265:
1260:
1258:
1253:
1249:
1244:
1241:
1237:
1231:
1221:
1213:
1209:
1205:
1203:
1198:
1195:
1191:
1187:
1183:
1179:
1178:United States
1175:
1173:
1168:
1163:
1161:
1157:
1153:
1152:statutory law
1149:
1146:
1142:
1132:
1129:
1120:
1118:
1112:
1110:
1106:
1102:
1101:organizations
1098:
1094:
1090:
1085:
1083:
1079:
1075:
1071:
1067:
1063:
1059:
1056:or else risk
1055:
1051:
1047:
1043:
1039:
1035:
1032:
1028:
1024:
1020:
1008:
1003:
1001:
996:
994:
989:
988:
986:
985:
980:
977:
975:
972:
970:
967:
965:
964:Peacebuilding
962:
960:
957:
955:
954:Peace process
952:
950:
947:
945:
942:
940:
937:
933:
930:
928:
925:
924:
923:
920:
918:
915:
913:
910:
908:
905:
903:
900:
898:
895:
893:
890:
888:
885:
883:
880:
879:
878:
877:
873:
872:
867:
864:
862:
859:
857:
854:
852:
849:
847:
844:
843:
842:
841:
837:
836:
831:
828:
826:
823:
821:
818:
816:
813:
811:
808:
806:
803:
801:
798:
797:
796:
795:
792:
789:
788:
781:
778:
777:
776:
773:
771:
768:
766:
765:De-escalation
763:
761:
758:
756:
753:
752:
751:
750:
747:
744:
743:
738:
735:
734:
733:
732:
728:
727:
722:
719:
717:
714:
712:
709:
707:
704:
700:
697:
696:
695:
692:
688:
687:Collaborative
685:
683:
680:
678:
675:
674:
673:
670:
668:
665:
663:
660:
658:
655:
654:
653:
652:
649:
646:
645:
642:
639:
638:
628:
623:
621:
616:
614:
609:
608:
606:
605:
599:
598:
594:
592:
591:
587:
586:
584:
583:
580:
577:
576:
567:
564:
561:
558:
556:
555:American rule
552:
549:
547:
544:
542:
537:
534:
533:
531:
525:
523:
519:
517:
514:
512:
509:
507:
504:
502:
497:
494:
493:
491:
490:
486:
483:
480:
479:
474:
471:
469:
468:
464:
460:
457:
455:
452:
451:
450:
447:
446:
444:
443:
440:
437:
436:
430:
427:
425:
420:
418:
415:
413:
410:
408:
405:
404:
402:
401:
397:
396:
391:
388:
386:
383:
382:
378:
375:
373:
370:
368:
365:
363:
360:
359:
357:
356:
353:
350:
349:
343:
342:Other motions
340:
338:
335:
333:
330:
328:
325:
323:
320:
318:
315:
313:
310:
308:
305:
303:
300:
297:
293:
290:
288:
285:
284:
276:
272:
269:
267:
264:
262:
257:
254:
253:
251:
250:
249:
248:
245:
242:
241:
236:
235:
231:
229:
226:
225:
224:
223:
220:
217:
216:
207:
206:
202:
200:
199:
195:
193:
192:
186:
183:
182:
180:
174:
171:
169:
165:
163:
160:
158:
153:
150:
149:
147:
146:
145:
144:
141:
138:
137:
132:
129:
127:
124:
123:
122:
121:
118:
113:
112:
103:
100:
92:
89:November 2022
82:
78:
74:
68:
66:
59:
50:
49:
44:
40:
33:
26:
22:
2364:
2360:
2350:
2338:. Retrieved
2323:
2316:
2304:. Retrieved
2289:
2244:
2240:
2230:
2213:
2209:
2203:
2187:. Springer.
2184:
2178:
2161:
2140:. Retrieved
2126:
2114:. Retrieved
2101:
2091:December 14,
2089:. Retrieved
2079:
2067:. Retrieved
2063:
2051:
2039:. Retrieved
2035:
2023:
1998:
1994:
1988:
1976:. Retrieved
1971:
1961:
1949:. Retrieved
1944:
1934:
1909:
1901:
1886:
1880:
1786:
1780:
1778:
1770:
1762:civil rights
1748:
1724:
1709:
1700:
1677:
1653:
1645:
1630:
1607:
1599:
1590:
1581:
1578:
1549:res judicata
1547:
1545:
1533:
1529:res judicata
1527:
1525:
1521:
1517:
1505:
1490:
1481:
1466:Please help
1454:
1424:
1416:
1408:
1393:
1385:
1350:
1346:
1326:
1308:
1301:
1292:Usually the
1291:
1286:
1280:
1272:
1261:
1245:
1233:
1219:
1210:
1206:
1199:
1182:jurisdiction
1171:
1164:
1138:
1130:
1126:
1113:
1086:
1066:court orders
1042:legal remedy
1037:
1034:court of law
1018:
1016:
959:Peace treaty
810:Brinkmanship
667:Conciliation
595:
588:
560:English rule
521:
506:Renewed JMOL
476:
465:
337:Intervention
332:Interpleader
307:Counterclaim
271:Class action
232:
205:Quasi in rem
203:
196:
189:
168:Supplemental
140:Jurisdiction
95:
86:
62:
2340:31 December
2306:31 December
1807:Brief (law)
1802:Arbitration
1604:Terminology
1564:garnishment
1542:Enforcement
1160:due process
1093:private law
1038:suit in law
974:Rule of man
969:Peacemaking
922:Game theory
800:Appeasement
716:Negotiation
682:Rule of law
657:Arbitration
648:Nonviolence
524:(new trial)
377:Depositions
191:In personam
2371:: 135–15.
1978:12 January
1968:"sue (v.)"
1951:12 January
1873:References
1837:Legal case
1735:settlement
1368:Resolution
1338:statements
1264:U.S. state
1145:common law
1074:injunction
825:Deterrence
597:Certiorari
541:Injunction
429:Settlement
312:Crossclaim
2395:154317478
2069:3 October
2041:3 October
1812:Civil law
1766:mortgages
1695:citations
1687:talk page
1659:Financing
1455:does not
1330:discovery
1294:pleadings
1240:complaint
1216:Procedure
1123:Etymology
1109:defendant
1054:complaint
1027:defendant
1023:plaintiff
907:Democracy
820:Diplomacy
815:Ceasefire
805:Armistice
729:Workplace
694:Mediation
478:voir dire
459:defendant
454:plaintiff
362:Discovery
327:Impleader
256:Complaint
244:Pleadings
162:Diversity
77:talk page
2414:Lawsuits
2408:Category
2269:43455841
2142:June 23,
2136:Archived
2116:June 23,
2064:Cftc.gov
2036:Cftc.gov
1791:See also
1637:claimant
1535:estopped
1334:evidence
1283:demurrer
1268:New York
1230:Pleading
1224:Pleading
1190:standing
1174:doctrine
1156:case law
1062:judgment
746:Violence
711:Pacifism
590:Mandamus
496:Judgment
287:Demurrer
277:) )
275:2005 Act
185:Personal
71:You may
2261:4099361
2222:2555448
2170:2398550
2015:1229161
1476:removed
1461:sources
1248:summons
1202:joinder
1167:federal
1048:from a
1029:) in a
1019:lawsuit
838:Nuclear
780:studies
662:Auction
546:Damages
526: )
522:De novo
475: (
449:Parties
317:Joinder
294: (
273: (
173:Removal
2393:
2385:
2331:
2297:
2267:
2259:
2220:
2191:
2168:
2013:
1922:
1624:, the
1610:equity
1508:appeal
1436:Appeal
1430:Appeal
1380:, and
1362:equity
1309:pro se
1303:pro se
1298:lawyer
1257:answer
1252:served
579:Appeal
536:Remedy
467:Pro se
292:Answer
198:In rem
2391:S2CID
2383:JSTOR
2367:(1).
2265:S2CID
2257:JSTOR
2218:JSTOR
2060:(PDF)
2032:(PDF)
2011:JSTOR
1868:Notes
1862:Trial
1760:, or
1649:costs
1569:Liens
1374:Trial
1311:clerk
1105:state
1070:right
1050:court
1031:civil
874:Other
439:Trial
302:Reply
219:Venue
79:, or
2342:2022
2329:ISBN
2308:2022
2295:ISBN
2189:ISBN
2166:SSRN
2144:2015
2118:2015
2093:2018
2071:2017
2043:2017
1980:2023
1953:2023
1920:ISBN
1893:West
1743:loan
1459:any
1457:cite
1353:jury
1336:and
1287:must
1172:Erie
473:Jury
41:and
2373:doi
2249:doi
2245:104
2003:doi
1631:In
1582:any
1470:by
1266:of
1119:).
1044:or
775:War
672:Law
2410::
2389:.
2381:.
2365:18
2363:.
2359:.
2277:^
2263:.
2255:.
2243:.
2239:.
2214:15
2212:.
2152:^
2109:.
2062:.
2034:.
2009:.
1999:46
1997:.
1970:.
1943:.
1918:.
1916:71
1756:,
1376:,
1154:,
1084:.
1017:A
2397:.
2375::
2344:.
2310:.
2271:.
2251::
2224:.
2197:.
2172:.
2146:.
2120:.
2095:.
2073:.
2045:.
2017:.
2005::
1982:.
1955:.
1928:.
1895:.
1716:)
1710:(
1705:)
1701:(
1683:.
1497:)
1491:(
1486:)
1482:(
1478:.
1464:.
1006:e
999:t
992:v
626:e
619:t
612:v
568:)
562:)
553:(
539:(
499:(
481:)
298:)
259:(
208:)
188:(
175:)
155:(
102:)
96:(
91:)
87:(
69:.
45:.
34:.
27:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.