CHAPTER 1 — INTRODUCTION TO LITIGATION

What is litigation?

The process of resolving disputes through the court system, beginning when a plaintiff files a complaint against a defendant.

Who are the parties in a civil lawsuit?

Plaintiff (brings suit), Defendant (is sued), Third-party Defendant (added later), Cross-claimant (defendant suing co-defendant).

What are the four stages of litigation?

(1) Pre-litigation/Investigation, (2) Pleading Stage, (3) Discovery & Pretrial, (4) Trial & Post-trial.

What’s the difference between legal and equitable remedies?

Legal = monetary damages; Equitable = non-monetary orders (injunctions, specific performance).

What can and can’t paralegals do?

Can: draft pleadings, summarize, prepare discovery, organize exhibits.
Cannot: give legal advice, set fees, represent in court, sign pleadings.