Home > For Small Business > Litigation 
 
Courtroom
       

Litigation


 
 

Litigation - Selected State Laws

VirginiaVirginia Code Title 8.01 Civil Remedies and Procedure
 

Questions & Answers: Litigation

I paid off a small claims action judgment. I got a call from another debt collector indicating that they received a payment from the same law firm whom I was paying in the small c...
I'm not sure I understand this - I've given my tenant a 3 day notice and he said he is countering me with 30 days ? I'm assuming this 648.18 code is what he is referring to but he ...
MY NEIGHBORS KID COMES TO HIS PAP PALS TO RIDE HIS DIRT BIKE AROUND HIS TRAILER THAT WE LIVE BESIDE OF,I CANT OPEN MY DOORS OR WINDOWS BECAUSE OF THE NOISE AND DIRT,WHAT CAN I DO A...
Attempting service of a Summons & Complaint on an individual that will not open the door or acknowledge my presence and know through conversation with neighbors the party to be ser...
Does compliance with Minnesota Statute 604.20 apply to other states as well (e.g. former employer outside of Minnesota (e.g. Florida)?...
Why was Iowa Code 650.14 written...
 

Anatomy of a Civil Lawsuit

Filing the Complaint

Civil cases do not involve an allegation by the government that an individual or entity violated the criminal laws of the United States. Civil cases begin when a plaintiff - the party seeking relief - files a complaint. The act of informing individuals or businesses about a complaint filed against them is called service of process. Generally, a lawsuit must be filed in the jurisdiction where the defendant resides or where the claim arose.

The complaint states the claim that the plaintiff is making - why he, she, or it is entitled to relief. And it states the kind of relief sought. There are three principal forms of relief:

  • Declaratory judgment: a decision of the court that determines the rights of parties without ordering anything be done or awarding monetary damages.
  • Injunction: a court order requiring the defendant to do a specific act or prohibiting a defendant from doing a specific act. If a true emergency exists, a temporary restraining order (TRO) can be issued without even providing notice of the lawsuit to the defendant; a TRO can last no more than 10 days. A preliminary injunction is similar to a TRO, except that the defendant must receive notice of the lawsuit before the preliminary injunction is issued. The preliminary injunction (sometimes informally referred to as a temporary injunction) stays in effect until a hearing can be held, or sometimes until after a trial. If the plaintiff is successful at trial, a permanent injunction would be issued.
  • Monetary relief: money damages meant to make the plaintiff "whole" for the wrongdoing of the defendant. The two most common types of monetary relief are compensatory and punitive damages. Compensatory damages are intended to compensate the injured party for his or her loss. Special damages are a subset of compensatory damages; they represent the direct costs of the wrongdoing, such as hospital bills or wages lost while being treated. General damages are also a result of the wrongdoing, but are subjective in amount, such as awards for the plaintiff's pain and suffering or a payment for his or her mental anguish. Some contracts anticipate a breach of the agreement and stipulate how much will be awarded in the event a party reneges on the deal; these are called liquidated damages. There are also cases where a wrong was committed by the defendant, but the plaintiff suffered almost no harm; nominal damages, such as an award of $1, are made in such cases. Punitive damages are awarded to punish the defendant and are a warning to others who would consider undertaking similar conduct. Treble damages are a variation of punitive damages - triple the amount of the plaintiff's actual losses.
Read more...
 
Bodoff & Slavitt
Boston Bankruptcy and Litigation Attorneys

225 Friend Street
Boston, Massachusetts 02114-1812
Practice Areas: Business Debt & Bankruptcy, Litigation
www.bodoffslavitt.com/
Diamond, Burt & Akhkashian, LLP
Los Angeles Full Service Law Firm

1055 Wilshire Boulevard Suite 1996
Los Angeles, California 90017
Practice Areas: Criminal Law, Family Law, Real Estate, Debt and Bankruptcy, Personal Injury, Litigation, Commercial Real Estate, Divorce, Driving While Intoxicated, Child Support, Child Custody, Domestic Violence, Alimony, Immigration
www.dba-law.com/
Law Office of George "Dave" Giddens, P.C.
Business, Real Estate and Bankruptcy Attorneys

10400 Academy, NE, Suite 350
Albuquerque, New Mexico 87111
Practice Areas: Business Debt & Bankruptcy
www.giddenslaw.com/
monotone-frail