Elawyers Elawyers
Washington| Change
There are many circumstances that can lead to a lawsuit, running the gamut from getting injured to having a dispute with a business. While bringing a lawsuit is not necessarily a decision to take lightly, sometimes litigation can be the best avenue to straighten out a dispute. In the sections you can find a range of articles dealing with the decision to sue and how to go about it. The topic of lawyers and their fees is also covered below, with information addressing what kind of services are offered by an attorney, the types of fees that can be charged, and more. Please select from the options below for specific resources on a topic.

Personal Jurisdiction: How to Determine Where a Person Can Be Sued

Personal (or in personam) jurisdiction can be defined as the court’s power to compel a defendant to appear before it, to adjudicate claims made by or against the defendant, and to enforce any judgment entered in connection with such claims. In the absence of personal jurisdiction, a court may not exercise judicial power over a defendant. A court must dismiss a lawsuit upon discovery that personal jurisdiction does not exist. Any judgment entered by a court that is eventually found to lack personal jurisdiction is ineffectual and need not be honored by a court in a different jurisdiction. The basic concept behind determining personal jurisdiction is evaluating whether courts in that state have a vested interest in you and a right to make binding decisions over you.

Trial and Verdict

Cases are going to trial less frequently these days and parties are increasingly opting to settle "out of court." For those cases that do make it trial, there's an order in which things happen in the courtroom. A complete civil trial typically consists of six main phases: 1) Choosing a Jury, 2) Opening Statements, 3) Witness Testimony and Cross-Examination, 4) Closing Arguments, 5) Jury Instruction, 6) Jury Deliberation and 7) Verdict.

What Is Summary Judgment?

Frequently, during the litigation process one or both of the parties involved will attempt to use a procedural device known as the motion for summary judgment to dismiss certain issues from the case. As the name implies, the motion for summary judgment is a motion filed by one of the parties seeking to obtain a judgment on all or part of the case in a summary fashion. In other words, the motion for summary judgment is a method to decide an issue (or the whole case), without the need for a trial.

How Does a Retainer Fee Work in a Civil Case?

A retainer is a dollar amount that represents a certain number of the lawyer's work hours at a set price, sometimes representing an estimate of the total cost of the lawyer's services on the case. A client pays a retainer in advance. By accepting the retainer, the lawyer is agreeing to not only work on your case, but also not to accept any cases that might present a conflict of interest with the case. -

How a Civil Attorney Can Help

Seeking out legal advice about your case before filing it is just the first part in a long, and often complicated, process. An experienced civil attorney will be able to analyze the information and evidence you've gathered, and advise you about whether or not you have a viable claim. To learn more about your case, you can seek out a free claim evaluation from an experienced attorney.

Recent Topics

  • After a Judgment: Collecting Money
    Created by FindLaw's team of legal writers and editors.

    Although the goal of any civil suit is to assign liability to the defendant and be awarded damages, collection is not automatic; this article covers the basics of collecting damages.

  • Appealing a Court Decision or Judgment
    Created by FindLaw's team of legal writers and editors.

    Most civil and criminal decisions of a state or federal trial court (as well as administrative decisions by agencies) are subject to review by an appeals court. Whether the appeal concerns a judge's order or a jury's verdict, an appeals court reviews...

  • Attorney Fees and Costs
    Created by FindLaw's team of legal writers and editors.

    Introduction to attorney fees and costs, with links to other FindLaw content detailing the types of fees your attorney may charge; different fee agreements; how to handle fee disputes; and more.

  • Attorneys and Fees

    When someone has a legal problem, an attorney can be the first person they look to for answers, help, and representation. However, before the average client gets in touch with an attorney they likely have questions about how much an attorney's servic...

  • Civil Cases: The Basics
    Created by FindLaw's team of legal writers and editors.

    The basics of civil (as opposed to criminal) court cases, with an overview of the six main phases of a civil trial and a detailed explanation of each.

  • Civil Cases vs. Criminal Cases: Key Differences
    Created by FindLaw's team of legal writers and editors.

    Key differences between civil and criminal cases, which in some cases may address the same incident or issue, with brief explanations of how each kind of case typically works.

  • Civil Court Cases

    When you sue someone for damages, such as in an assault or defamation suit, you are engaging in a civil court action. The legal justice system is divided into two main courts: criminal and civil. Criminal courts try defendants for crimes against the ...

  • Fact-Finding and Discovery
    Created by FindLaw's team of legal writers and editors.

    Basic primer on the all-important discovery phase of a civil trial, in which the parties involved share specific information and evidence pertaining to the facts in the cases.

  • Which Court Has Power to Hear a Case?
    Created by FindLaw's team of legal writers and editors.

    Concise explanation of subject matter jurisdiction in determining the venue for a case, and how a court determines whether it has the authority to hear a given type of case.

  • Filing a Lawsuit: Should You Sue?
    Created by FindLaw's team of legal writers and editors.

    Primer on whether you should file a civil lawsuit to settle a given dispute, including examples of different types of cases and what to look for when deciding whether to sue.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer