Lawsuit

A lawsuit is a civil action brought in a court of law by a plaintiff against a defendant to enforce a right, seek redress for a wrong, or resolve a dispute. It is distinguishable from criminal prosecutions, which are initiated by the state and carry potential punishment for wrongdoing.

Plaintiffs and defendants are the principal parties; additional parties and procedural devices such as counterclaims or cross-claims may arise. Common categories of claims include breach of contract, torts such as negligence, property disputes, and family or probate matters in appropriate jurisdictions. Class actions aggregate similar claims on behalf of a group.

Procedural steps typically begin with the filing of a complaint or petition and service of process. The defendant answers or moves to dismiss, followed by discovery, motions, and pretrial conferences. A trial may be held, or a matter may be resolved earlier by summary judgment, settlement, or alternative dispute resolution such as mediation or arbitration. Burdens of proof generally require the plaintiff to prove liability by a preponderance of the evidence, with some types of claims invoking higher standards.

Outcomes include monetary damages, injunctions, specific performance, or declaratory relief. Costs and attorney's fees vary by jurisdiction. The filing deadline, or statute of limitations, limits when a lawsuit may be commenced, and res judicata or other final judgments bars relitigation of the same claims.

Jurisdiction is determined by geography and subject matter, and most civil actions are subject to appeal to higher courts. Civil litigation results depend on the facts, the applicable law, and procedural rules, and many disputes are resolved without trial through settlements or ADR.