Understanding the Varied Types of Litigation
Every legal dispute that is taken to court falls under the umbrella term ‘litigation’, but there are many types of litigation pertaining to different areas of law. Various legal situations, ranging from personal injury cases to real estate conflicts, require unique litigation types. This article provides an overview of some common types of litigation.
Civil Litigation
In the realm of civil law, litigants may bring forward several types of disputes. These range from disputes relating to property, housing laws, personal injury, family and matrimonial issues, among others. In such litigation, usually one party sues another to attain some form of compensation or seek relief.
Criminal Litigation
Criminal litigation differs significantly from civil, as these cases involve the government prosecuting an individual or company accused of breaking the law. Punishments following conviction vary in severity, from fines to imprisonment or even capital punishment.
Public Interest Litigation
Public Interest Litigation allows a public-spirited person or organisation to bring forward a case on behalf of those whose rights have been infringed but are unable to seek justice due to social or economic barriers. This type of litigation provides an avenue to protect the rights of marginalised sections of society.
Commercial Litigation
A versatile area of law, commercial litigation addresses disputes that arise in business contexts. These could include practices that involve dishonesty, infringement of contract and unfair competition. Issues may arise between different businesses or within a single corporation.
Environmental Litigation
This type of litigation pertains to cases in which aspects of the natural environment have been adversely affected due to human activities. Environmental litigation usually involves state and federal laws, but international laws can also come into play when dealing with cross-border environmental impacts.
Strata Litigation
Strata litigation is a specific type of property law arising from disputes within strata schemes, typically involving owners corporations, strata committees, and lot owners. An example of experts in this field could be strata lawyers in Sydney. These professionals help in resolving disputes over building defects, by-laws, levy collection, and more.
Intellectual Property Litigation
This describes legal disputes over intellectual property rights – the legal rights that creators have over their inventions, art, symbols, names, and designs. Intellectual property litigation can involve areas such as patents, copyrights, trademarks, and trade secrets.
Employment Litigation
Employment litigation concerns cases that arise from disputes in the workplace. Such cases may involve issues like discrimination, wrongful dismissal, wages and benefits disputes, workplace safety issues and harassment claims. Both employers and employees have legal rights and responsibilities and can initiate legal action.
Conclusion
With so many different types of litigation existing today, the importance of receiving legal advice from knowledgeable sources is greater than ever. Whether you’re a business owner looking to defend against unfair competition, an employee alleging discrimination, or a property owner in a strata dispute seeking support from strata lawyers Sydney, knowing the kind of litigation you’re dealing with is vital when stepping into the courtroom or even negotiating out of it.