Litigation in the Wrong Business Transaction Case

Subject: Law
Pages: 2
Words: 307
Reading time:
< 1 min

Litigation is the best legal method of settling a dispute between the friend and her organization. In the litigation process, the case is brought to the court of law, having the jurisdiction to hear the case. First, she will have to file the case with the district clerk stating whether she seeks damage or equitable relief from the other party. She will also identify factual and legal grounds for doing this. The court clerk will sign summons to be issued by her to the defendant. She will then have the task of defending herself against the challenges of her accuser as she answers the summons.

Many are the challenges that she will have to rise up to in the court. Some include questions from her opponent. The defendant also poses a challenge to the court’s jurisdiction and any other counterclaim that may be assertive against her. In answer to the summons, the defendant may deny or accept the allegation. She may also plead lack of enough evidence to help in giving the final ruling. Other moves that the defendant may use include giving of counterclaims for damages or equitable relief against her.

In the lawsuit, the burden of proof in making a claim will lie on the friend, who also must produce enough evidence to persuade the judge that her claims are founded. This is in her pursuit for release. Should the accused prove her case, the other party may appeal from the judgment so that the case may be reconsidered. The appeal may take more time, and during this process, the case may be returned to a lower court for confirmation of witnesses. In the event that the accuser succeeds and wins the case, appropriate punishments are awarded. This may call for compensations, imprisonment, or bonds.