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Lecture 5

BUSI 2001 Lecture Notes - Lecture 5: Beekeeping


Department
Business
Course Code
BUSI 2001
Professor
Ouafa Sakka
Lecture
5

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The Litigation Process
Litigation arises when one party brings a legal action against another.
Plaintiff: the party that initiates a lawsuit against another party
Defendant: the party being sued
Complicated litigation, in particular, is a drain on corporate resources, diverts operations
from profitable business activities, and causes stress for those involved in the process.
Litigation is slow, expensive and unpredictable
How the claim is carried through the civil justice system is dictated by the procedural
rules—that is, the rules that mandate such matters as what documents are to be filed
with the court, what the process leading up to the trial will be, and in what manner the
trial will proceed.
Limitation Periods: the time period specified by legislation for commencing legal action
Class Action: a lawsuit launched by one person who represents a class of persons having
similar claims against the same defendant
The rationales for strict limitation periods include:
oproviding a very strong incentive for plaintiffs to advance their claims within a
reasonable period of time;
opreventing plaintiffs from advancing old claims in which evidence has been lost
because time has passed;
oproviding defendants with a time after which the threat or possibility of litigation
comes to an end.
Commercial litigation (which involves businesses suing businesses) is also known as
private (or civil) litigation.
The Litigation Process
oLitigation arises when one party brings legal actions against another
oplaintiff and defendant
olitigation is deployed when all feasible methods have failed and the claim cannot
be abandoned
oSTRESSFUL
Weaknesses of Litigation
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