What Should a Person Know About the Law 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
Legal matters, and in particular civil litigation, often involve a broad complexity of facts, issues, and laws, that comprise an overall case wrought with potential for many twists and turns. Understanding the ultimate direction and likely outcome of complex litigation can be troublesome even for the most experienced litigators. Procedural rules, evidentiary admissibility, burden of proof, cause of action, jurisprudence overridden by statutory provisions, among many other things, can present significant challenges to the unprepared and inexperienced. Accordingly, the articles below, among all information provided within this website, are provided for informational purposes only as merely an overview of various legal principles and are without suggestion that such information should be perceived, taken, or used, as legal advice in any actual case. Prior to taking action or making use of any information provided herein, always seek and obtain advice from a qualified legal professional.
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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
When Is a Legal Case Ripe For An Award of Punitive Damages? A Punitive Damage May Be Awarded Within a Case Where the Court Deems That the Misconduct By the...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