litigation

Legal TermLegal glossary term

Legal Definition

Litigation refers to the process of a legal dispute or lawsuit brought before a court to resolve a legal claim, such as an action for damages or a declaratory judgment. It involves the formal proceedings initiated by one party against another party seeking judicial resolution over a legal grievance.

Plain-English Translation

Imagine a big argument where two people disagree about something important—like who is right or wrong according to the rules. Litigation is when you officially start a court case to settle that disagreement and get a judge to decide what is correct based on the law.

Context in Contracts

It matters because it is the mechanism through which legal grievances are formally addressed in the court system, determining rights and obligations under law.

Visual model

Understand litigation fast

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01

A plaintiff files a lawsuit against a defendant for breach of contract.

02

The formal process where one party seeks judicial resolution over a legal claim.

Document context

How litigation shows up in legal documents

What is it?

Litigation is the formal legal process of bringing a lawsuit to resolve a dispute between two parties, typically involving claims for damages or seeking a judicial determination regarding a legal right or obligation.

Why does it matter?

It matters because it is the mechanism through which legal grievances are formally addressed in the court system, determining rights and obligations under law.

When does it matter?

Litigation usually appears when parties seek to resolve a dispute through the judicial system, often involving claims for breach of contract, torts, or constitutional challenges.

Where is it usually seen?

It is usually seen in court filings, legal briefs, statutes defining procedural rules, and formal legal proceedings within the U.S. legal framework.

Who is affected?

The parties involved are plaintiffs (the ones bringing the suit) and defendants (the ones being sued), as well as the judge or tribunal presiding over the case.

How does it work?

Litigation works by filing a complaint, presenting evidence, arguing legal points, and ultimately having a judge or jury render a binding decision on the legal claim presented.

Related terms

Terms to compare with litigation

claimtort

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Wikipedia

Vexatious litigation

Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise...

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Disclaimer: We do not provide legal advice. We translate legal language into plain English and help you prepare for a conversation with a lawyer.