Difference between Litigation and lawsuit?
06-Jul-2021 | Article by Legal White Official
Litigation is a process of taking legal action (court proceedings), whereas a lawsuit is a claim or dispute brought forward to a court of law. Lawsuits generally involve dispute resolutions for private laws matters that occur between individuals or between companies and organisations. They are civil. Litigation, on the other hand, is the conduct of a lawsuit. It includes all the judicial proceedings of the court. They are both civil and criminal. The lawyer in a litigation process is called a litigator & the plaintiff and respondent/defendant are called litigants. Litigation is a detailed procedure to resolve legal issues in court. The whole process begins once the litigator submits the petition to the court. The litigator will defend your case and present facts and arguments on your behalf. Litigation is a very tiring process and can be very overwhelming too. Parties usually prefer to settle outside the court to skip this lengthy procedure.
Litigation can be of many types, but the five most common are:
1. Public interest litigation (made for the interest of the general public)
2. Personal injury litigation (party seeking a legal remedy for damages due to an accident)
3. Civil litigations (legal disputes between party)
4. Patent litigation (infringement of a party's trademark or patent y another)
5. Business and Commercial litigation (disagreements between individuals or business enterprises)
A lawsuit is for civil cases. In a lawsuit, a civil action is brought in the court of law, demanding legal remedy by the plaintiff who has suffered a loss due to the defendant's actions.
The four most common civil lawsuits are:
1. Tort claims (suffering a personal injury due to a negligent act of someone else)
2. Breach of contract claims (violating a contract or agreement)
3. Equitable claims (usually deals with restraining orders or injunctions)
4. Landlord/Tenant issues (disputes arising between landlords and tenants)