What is a lawsuit? In legal terms, a lawsuit is a formal proceeding in a court by which a party seeks to get a specific remedy from another. The term “lawsuit” is derived from an archaic term that no longer appears in many laws. A plaintiff files a lawsuit against another person or entity, and the defendant responds to the complaint. The court has the power to grant the plaintiff what she seeks, including monetary compensation, a stop to harming behavior, and declaration of legal rights.
A lawsuit process usually begins with the proper service of a complaint and summons. The court then decides whether the dispute merits judicial intervention. After the plaintiff’s complaint is properly served, the defendant has time to respond to it. Appeals are possible, and in some cases, the plaintiff and defendant may request a retrial. Appellate courts, meanwhile, will refuse to disturb a lower court decision. The plaintiff, on the other hand, can move to have the lawsuit dismissed, which will allow the defendant to file a motion to have the case retried.
A lawsuit can be filed against anyone, but it is not limited to individuals. For example, you can file a lawsuit against your neighbor if they’ve encroached on your property. If your neighbor has built a shed on your property, you can file a lawsuit against him to get him to remove it. A lawsuit against your neighbor can also be used to get a restraining order if someone else has built a shed in your land.