Legal Dictionary: Litigation & Appeals

DEFINITION

• Litigation is the fundamental building block of our adversarial legal system. Litigation refers to the process of putting a case before a trial court. It includes the pretrial procedures leading up to that point and the appeals that may occur after the trial court reaches a decision with which one side disagrees.

• At trial, the parties present evidence to support their legal arguments, creating a factual record. The attorneys may present documents or examine witnesses to build this record, which closes at the end of the trial.

• After the trial court's decision is rendered, the losing party may choose to appeal the decision to the relevant appellate court. The appeals court may consider only legal issues, and may not alter the U.S. trial court's factual record. The appellate system reviews the application of the law to the existing record and the actions of the trial court in making its decision.

• The plaintiff is the party who brings the lawsuit (in a civil matter) while the defendant is the party sued in a civil proceeding or accused in a criminal proceeding. In a criminal matter the cause of action is brought by the prosecution or government.

FIND A LITIGATION & APPEALS ATTORNEY IN YOUR AREA.

More information on Lawsuits & Lawyers

OTHER BUZZWORDS

• Appellate Brief
• Habeas Corpsus
• Objection
• Trial Brief
• Voir Dire

For more definitions, visit the FindLaw Legal Dictionary.

RELATED PRACTICE AREAS

Personal Injury -- Plaintiff
Criminal Law