Connect with us

Legal

Legal Research and its benefits

TechCEO

Published

on

litigation

An action brought in court to enforce the legal rights of parties is termed as litigation. Litigation is usually settled by agreement between two parties in case of any dispute; unless a deeper intervention is required to take it to the court and let a jury or judge decide on the hearing. There are several actions that need to be taken during the entire process of litigation to enforce a legal right. The litigation process includes or can be broadly classified as the lawsuit, pre-suit negotiations, arbitrations, facilitations, and appeals.

Legal rights or litigation can be enforced before the following:

  • Litigation may begin before the lawsuit if someone wants to enforce or protect their legal rights. A party can hire an attorney who can put forward their interests. An attorney knows exactly what needs to be done as a part of litigation activities. From writing a letter to the legislative body to filing a notice of eviction with a local court and seeking compensation for a victim injured, an attorney can handle almost anything. However, none of the cases are decided without a proper investigation. The process of investigation can be extremely reckless and unfair as they go deep into the fact to arrive at a fair conclusion. When they deal with the raw facts both the party the victim and the condemned put forward nothing but the truth.

  • Pre-suit litigation includes a negotiation between the parties involved in the case. This is designed to avoid the inconvenience that may arise from a formal lawsuit. The attorney sends a demand letter to the convicted based on the claims and available proof to settle the issues. This demand letter gives a chance to the convicted to settle the matter with suitable compensation. Failing to do so proper litigation can be issued that may hit strongly on their pocket. The plaintiff usually seeks more than the ability or willingness of the defendant to pay. The defendant in most cases responds with the intention of paying the less amount than demanded from them.

  • Alternative dispute resolution comprises of facilitation, mediation, and arbitration. The process sometimes takes place as a substitute for a formal lawsuit. Facilitation and mediation are mainly informal processes, where the facilitator or the mediator makes attempt to negotiate for out-of-court settlement between the parties. For the case to resolve or settle, both the parties either accept or reject depending on their willingness. On the other hand, arbitration is extremely formal and is based on a contractual process. Here either of the party signs an agreement that states that they would accept arbitration in case of any dispute. It is a court case that occurs in front of a panel of attorneys to arrive at a solution. Court litigation is a strict process and arbitration in certain cases may happen later during the on-going process of litigation in the court of law. The rules are bit liberal and the expenses can be less compared to formal litigation.

  • When a plaintiff files a formal complaint in an appropriate court, this is the beginning of a lawsuit. As a notice, a formal draft is sent to the defendant to appear before the court. A lawsuit has three stages of litigation, namely discovery, trial, and post-trial.

  1. Discovery is a formal investigation conducted to find out the facts and present them the way it is. Both the plaintiff and the defendant are asked to produce proof or evidence. The facts are validated with information and document presented by both parties. The discovery process includes interrogation, request to produce the documents and evidence and request for admission and finally being available on the day when the case will commence in the court. During the session, an attorney can raise motion practice, which is a method that either party can use to sign a petition requesting the court for a decision on a disputed aspect of the case.

  2. Discovery is followed by a trial. When all the pre-trial motions are heard and the court feels that ADR is no longer required, they move the case to trial. The trial is a tedious and expensive process as each party makes a consistent effort to produce the case to the jury member. The plaintiff first makes his point clear and provides the reason for the allegation that he has brought against the defendant. The defendant then takes the lead to defend himself from the allegation that the plaintiff had raised against him. When all complaint has been raised and put forward both the parties may rest the case in the court of law. The judge is finally left with his decision or judgment to let both the party know about the findings of the case.

  3. Even if the verdict is given by the jury, the litigation still moves on. This kind of litigation is known as post-trial litigation. This is subjected to negotiation if the losing party is unsatisfied with the judgment in the court. They may appeal to the higher court for validating the verdict given by the court of law. There will still be a serious of motions, orders, and hearings that may be essential to arrive at a rightful decision. Based on the complexities of the case, the litigation may be either quickly resolved or may run for years. An attorney should be always there to guide you all throughout the litigation process.

Continue Reading

Legal

Technologies that makes legal job easier

TechCEO

Published

on

Law is dynamical so is the technology. Legal technology expedites the lawyers in different tasks. No machine can do the job of a lawyer but can find how it can be done more efficiently, which can be offered by legal start-ups that aim at offering ways to implement novel technologies in the law field. As time passes there can be more law rules included which thereby increases the law complexities.

Also with the changes in law, increase in populations, spending power this legal technology can be of greater help to access solutions more quickly to legal problems. Most of all the judges might be in session or the district court makes use of computers that helps in various processes of justice systems. Judges incorporate artificial intelligence technology for legal research and also to update themselves on daily basis. Also make use of technology for computing file, in preparation of reports, update about other proceedings.

The way how documents of the different cases are being stored for reference is changed by the introduction of Electronic filing/ E-filing. Attorneys can reduce the burden of physical files and records and have easy access to the files, by simply organizing them in their personal computer and save them in folders with the clients’ names.

Lawyers can investigate case law and filter the files that are accessible on the Microsoft One Drive cloud or utilize any different cloud servers to share archives within seconds with anybody. Cloud technology permits a whole law firm to operate from anywhere on the globe.

Attorneys can use blockchain innovation to slick and streamline their transactional tasks, unassailably hold legal agreements and digitally sign. This technology aids in automated contract administration which cuts down excess time spent on preparation, maintaining law documents. This method is proven to be cost-saving. Also, blockchain adjusts the approach to justice framework by eliminating customer intricacy and bringing down heavy legal charges. Overall, these technologies makes the job easier, and time saving.

Continue Reading

Legal

litigation A detailed note on litigation

TechCEO

Published

on

litigation

An action brought in court to enforce the legal rights of parties is termed as litigation. Litigation is usually settled by agreement between two parties in case of any dispute; unless a deeper intervention is required to take it to the court and let a jury or judge decide on the hearing. There are several actions that need to be taken during the entire process of litigation to enforce a legal right. The litigation process includes or can be broadly classified as the lawsuit, pre-suit negotiations, arbitrations, facilitations, and appeals.

Legal rights or litigation can be enforced before the following:

  • Litigation may begin before the lawsuit if someone wants to enforce or protect their legal rights. A party can hire an attorney who can put forward their interests. An attorney knows exactly what needs to be done as a part of litigation activities. From writing a letter to the legislative body to filing a notice of eviction with a local court and seeking compensation for a victim injured, an attorney can handle almost anything. However, none of the cases are decided without a proper investigation. The process of investigation can be extremely reckless and unfair as they go deep into the fact to arrive at a fair conclusion. When they deal with the raw facts both the party the victim and the condemned put forward nothing but the truth.

  • Pre-suit litigation includes a negotiation between the parties involved in the case. This is designed to avoid the inconvenience that may arise from a formal lawsuit. The attorney sends a demand letter to the convicted based on the claims and available proof to settle the issues. This demand letter gives a chance to the convicted to settle the matter with suitable compensation. Failing to do so proper litigation can be issued that may hit strongly on their pocket. The plaintiff usually seeks more than the ability or willingness of the defendant to pay. The defendant in most cases responds with the intention of paying the less amount than demanded from them.

  • Alternative dispute resolution comprises of facilitation, mediation, and arbitration. The process sometimes takes place as a substitute for a formal lawsuit. Facilitation and mediation are mainly informal processes, where the facilitator or the mediator makes attempt to negotiate for out-of-court settlement between the parties. For the case to resolve or settle, both the parties either accept or reject depending on their willingness. On the other hand, arbitration is extremely formal and is based on a contractual process. Here either of the party signs an agreement that states that they would accept arbitration in case of any dispute. It is a court case that occurs in front of a panel of attorneys to arrive at a solution. Court litigation is a strict process and arbitration in certain cases may happen later during the on-going process of litigation in the court of law. The rules are bit liberal and the expenses can be less compared to formal litigation.

  • When a plaintiff files a formal complaint in an appropriate court, this is the beginning of a lawsuit. As a notice, a formal draft is sent to the defendant to appear before the court. A lawsuit has three stages of litigation, namely discovery, trial, and post-trial.

  1. Discovery is a formal investigation conducted to find out the facts and present them the way it is. Both the plaintiff and the defendant are asked to produce proof or evidence. The facts are validated with information and document presented by both parties. The discovery process includes interrogation, request to produce the documents and evidence and request for admission and finally being available on the day when the case will commence in the court. During the session, an attorney can raise motion practice, which is a method that either party can use to sign a petition requesting the court for a decision on a disputed aspect of the case.

  2. Discovery is followed by a trial. When all the pre-trial motions are heard and the court feels that ADR is no longer required, they move the case to trial. The trial is a tedious and expensive process as each party makes a consistent effort to produce the case to the jury member. The plaintiff first makes his point clear and provides the reason for the allegation that he has brought against the defendant. The defendant then takes the lead to defend himself from the allegation that the plaintiff had raised against him. When all complaint has been raised and put forward both the parties may rest the case in the court of law. The judge is finally left with his decision or judgment to let both the party know about the findings of the case.

  3. Even if the verdict is given by the jury, the litigation still moves on. This kind of litigation is known as post-trial litigation. This is subjected to negotiation if the losing party is unsatisfied with the judgment in the court. They may appeal to the higher court for validating the verdict given by the court of law. There will still be a serious of motions, orders, and hearings that may be essential to arrive at a rightful decision. Based on the complexities of the case, the litigation may be either quickly resolved or may run for years. An attorney should be always there to guide you all throughout the litigation process.

Continue Reading

Legal

Legal Research and its benefits

TechCEO

Published

on

Legal Research and its benefits

Every lawsuit, court appeal, criminal cases, and legal procedures need a certain amount of legal research. Legal research helps in determining the current legal scenarios and issues as well as helps in finding out a solution to deal with it. Every legal case follows proper regulation and practice. If any case has not undergone a proper legal protocol to chance of arriving at a proper conclusion will be extremely limited. To find out an answer to a legal question or to check for the legal precedent that can briefly draw an outline of the case details is what known as legal research

The two categories of general legal research are:

  1. The primary law is binding the statutes, regulations, and case law that’s codified in law.
  2. The sources that explain the primary law and the legal theory including legal digests, treatises, journals, etc are known as secondary sources.

If any country’s legal system is best described as following the proper legal precedent, it would be the U.S. legal system.  The function of legal research is to find out how previous courts have acted on certain instances, what was the pattern and how did they decide. The study of the whole structure of the legal cases can help a country’s legal system to frame the right legal theories. This could even become the principle guidebook for other subsequent cases to be followed.

The legal theories are based on the following:

  • A formal written expression by a court providing the details of principles of law or the reason based on which a decision was made. This is known as an opinion.
  • A case can be based upon parallel citations. It is a citation reference of a case that can be simultaneously printed for two or more different case with some instances.
  • Every court adheres to precedent on questions of law. This is followed in order to ensure certainty, consistency, and stability in the administration of justice. This doctrine is called stare decisis.
  • Whether the case is considered good law, parallel citations, or the use of the case in other jurisdictions, the status of the case is check-in Shepard citation. This is known as Shepardize.

The legal research work comprises of taking the instance from the legal theories and principles.

It may be wise to talk to your attorney to understand how they use Legal Research. It is important because judges may often write opinions which is not easy for non-lawyers to follow. We all require an expert for that. An attorney will review statutes, case law, and secondary authority to guide you with a decision to proceed with your case. Your attorney would best know how the court would proceed and react in certain instances. Since they have already done a bit of research on precedent, case law with a similar fact pattern, they would have a little idea about where the case would lead to. Lawmakers do the same with statutes. A corporate lawyer may conduct legal research on building codes, employment laws or federal environmental regulations to understand and determine whether a proposed new policy would expose the company to liability.

The importance and benefits of legal research are:

  1. It is an important tool for lawyers and law firms.
  2. It governs the pertinent issues involving the basic search for a case that can be used as a consulting case.
  3. A good legal research can dispose of or eradicate the possibilities of failure.
  4. The legal research is indispensable for lawyers, regardless of area or type of practice.
  5. The legal research paves the path to the leading case governing the issues in question.

For any legal research find out the right laws is extremely crucial. The right conclusion depends on how a researcher would analyze the case that reveals before them through the research process. The research process needs to be taken very seriously, as it reveals the future possibilities of resolving any case without any discrepancies.

Continue Reading
Retail2 weeks ago

Do consumer interaction ways are changing for the retailer, if yes then how?

Customer Experience (CX)3 weeks ago

The top trends in customer experience management

LegalTech3 weeks ago

Boost up law firms with virtual assistants

LegalTech3 weeks ago

Demystification of legal tech

LegalTech3 weeks ago

The exigency for legal tech

LegalTech3 weeks ago

Trends in legal technology

Retail3 weeks ago

How retail sector can hold their customers for the long term and reduce their expenses?

Government and public sector3 weeks ago

Top government tech trends revealed for 2021

Government and public sector4 weeks ago

Protecting sensitive data while working remotely

Government and public sector4 weeks ago

Technology facilitating low-touch economy

Government and public sector4 weeks ago

Communicating legit information in this pandemic

Government and public sector4 weeks ago

Modernization by technology

Top-customer-experience-technology-trends-emerging-in-2021-for-the-insurance-sector-min
Customer Experience (CX)1 month ago

Top customer experience technology trends emerging in 2021 for the insurance sector

AI1 month ago

AI: An important part of educational sector transformation

Government and public sector2 months ago

Efficient government technologies

Legal2 months ago

Technologies that makes legal job easier

Retail2 months ago

Trends in Retail technology

Healthcare2 months ago

How robots can make surgery more efficient?

Retail4 months ago

Locus Robotics raises $150M

Healthcare4 months ago

Harness the power of technology in the medical sector for senior citizens

IT consulting4 months ago

How IT consulting can help to revitalize your business?

HR Consulting4 months ago

What type of service can you avail from HR consultancy?

financial advisory4 months ago

How financial advisory can help your business to grow further?

Operations consulting5 months ago

What can a consultant do for you and the types of operational consultants you can avail of?

Management Consultant5 months ago

Key reasons why a start-up needs management consulting

Share via
Copy link
Powered by Social Snap