The Purpose of this Website, a Word from Moishe Alexander

Lawsuits are extremely complicated processes for a layperson and an individual acting on his own behalf may run into difficulties and may lose their case. On the other hand the legal costs may easily get out of hand and a lack of funds could lead to a lawsuit disaster. Canadian Funding Corp. may be able to help with a litigation loan.

A Lawsuit is a Civil Action

When a lawsuit is brought to a court, the plaintiff will have claimed to have received damages from the actions of a defendant and will be seeking a legal or equitable remedy. The defendant has to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a range of court orders may be issued to enforce a right, award damages, or impose an injunction to prevent an act or compel an act. Sometimes a lawsuit involves dispute resolution of private law issues between individuals or businesses. A lawsuit could permit the government to be treated as if it were a private party in a civil case, as plaintiff or defendant regarding an injury, or may provide the government with a civil cause of action to enforce particular laws.

Defending Against a Lawsuit

When the defendant files an answer in a lawsuit he or she must respond to each of the plaintiffs' allegations by admitting the allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. When he files, the defendant also raises affirmative defenses. He may also assert any counterclaims for damages or relief against the plaintiff. In the case of a compulsory counterclaims he must do so or risk having the counterclaim barred in subsequent proceedings. A defendant may also file a third party complaint wherein he seeks to join other parties in the action if he believes those parties are liable for the plaintiff's damages. Filing an answer joins the cause and the lawsuit moves into the pre-trial portion.

Instead of filing within the specified time, the defendant can choose to dispute the validity of the complaint and file a motion to dismiss. The motion must be filed within the given time period. If all such motions are denied by the trial court, and the defendant loses on all appeals from such denials, then the defendant must file an answer.

Generally the pleadings in a lawsuit are drafted by a solicitor, but in many courts people can file their own papers and represent themselves, which is called pro se.