What Laws Does a Person Need to Know About When Involved In a Lawsuit?
A Lawsuit Involves Both the Procedural Law, Being the Court Rules For How a Lawsuit Is Conducted, As Well As the Substantive Law That Applies to Specific Issues Within the Case Under Review. Some Common Procedural Law and Substantive Law Issues That May Arise During a Lawsuit Are Explained Below.
Understanding Procedural and Substantive Law Topics and Legal Issues Common to Litigation Matters
Lawsuits may at first glance appear to involve relatively simple facts, issues, and laws; however, very quickly even the most simple of case may turn into a much more complex matter. During the course of litigation, it is necessary that the participants adequately understand the procedural rules involving admissibility of evidence, the onus of proof and the burden of proof, the legal cause of action involved, the jurisprudence that interprets and defines provisions within statutes, and much more. Accordingly, the various articles provided below are to assist as a helpful guide to greater understanding of what should be known; however, as with all information provided by this website, these articles are for informational purposes only and intended merely as an insightful overview for curing of curiousity. Any information herein should always be reviewed with a qualified professional legal advisor prior to acting on the information.
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The Procedural and Substantive Law:
The principle of 'adverse inference' is relatively simple. Essentially where a party fails to testify, or fails to lead certain obvious evidence, the...Learn More
After negotiations, if the essential terms are incomplete despite purported acceptance of a 'deal', then the parties have merely agreed to agree rather than...Learn More
When an engagement is terminated, the 'contract to enter into marriage' is ceased and the engagement ring must be returned.Learn More
What Are Punitive Damages? A Punitive Damage May Be Awarded Within a Case Where the Court Deems That the Misconduct By the Defendant Was So Outrageous That...Learn More
The legal question of whether an occupier of premises owes a duty of care to another occupier of the same premises may arise infrequently; however, the rarity...Learn More
To best succeed in a case involving alleged faulty work, whether as the property owner or as the defending contractor, preparation of factual evidence, expert...Learn More
When a family member is injured, there are often indirect consequences to other immediate family members living within the household such as the need to 'pick...Learn More
Parties are forbidden from engaging in deceptive practices when negotiating contracts as well as when performing contracts and are required to correct known...Learn More
The occupiers of premises owe a duty of care to ensure that other people are reasonably safe from harm while upon the premises unless the other people...Learn More
Potholes and other hazards can pose significant risk to persons and property. While many incidents with roadway hazards result in only relatively minor...Learn More
Documents containing scandalous statements that are irrelevant or potentially prejudicial without probative value to court proceedings should be struck from...Learn More
Stress injuries, meaning emotional concerns such as anxiety, annoyance, disappointment, distress, fear, frustration, loss of peace of mind, upset, among other...Learn More