Bridger, M. (2019). Civil litigation for dummies. Elringtons Lawyers. Web.
Litigation is a legal conflict involving two or even more subjects seeking specific court performance or damages compensation instead of criminal sanctions. The author further mentions that litigators are the lawyers who specialize in civil litigation. Bridger (2019) reiterates that civil litigation involves payment of money or even rectifying a broken agreement. Lastly, litigation commences by one party filing a complaint or claim, requiring discussion and determination of the case.
Galanter, M. (1974). Why the “haves” come out ahead: Speculations on the limits of legal change. Marc Law and Society Review. Web.
Galanter (1974) presents the legal system’s basic architecture and the possibilities of using the system to ensure redistributive change. Government machinery and resources make the rich come first in a court of law, indicating the redistributive change. The affluent often interfere with the litigation process; hence courts acting in their favor. The One Shooter (OS) and repeat shooter (RS) claims seem to be too big and too small, respectively, making the court case favor those who have resources. Lawyers are part of the RS because they have excellent continuity, specialized skills, and talent regarding court proceedings, which makes the haves get justice faster. Lawyers who are in the RS category know the courts than individuals in the OS category, who includes individual parties that are in court for the first time. RS plays for rules in litigation over OS, hence exemplifying a favorable outcome. There are separate case boxes, including OS vs. OS, RP vs. OS, OS vs. RP, and lastly, RP vs. RP (Galanter, 1974). Lastly, rules favor culturally dominant interests, acting in favor of the ‘have nots.’
Lyster, R., Lipman, Z., Franklin, N., Pearson, L., & Wiffen, G. (2016). Environmental and planning law in New South Wales. The Federation Press.
The authors discuss environmental conflict and the different ways to manage it. According to Lyster et al. (2016), courts and tribunals play a significant role in solving environmental disputes. Different environmental law courts, including the New South Wales Victoria Court for Environmental and Planning. Other courts in New South Wales listen to different proceedings; hence parties must take their case to the appropriate court. After a court ruling, parties have the right to appeal by making a formal written submission. Afterward, the judicial litigation follows, whereby the court panel looks into the matter and decides whether the appeal is necessary and legit or otherwise. The environmental legislation imposes different sanctions, including a developer obtaining approval or license before starting any activity. Wales courts are adapting the use of technology in court hearings. Arbitration, mediation, and conciliation are the primary dispute resolution methods, whereby accountability avenues are sought and compensation for the damages initiated.
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McClellan, P. (2010). Civil Justice reform in Australia: Developments so far [PDF document]. Web.
The author discusses Australian civil justice, explicitly concentrating on New South Wales. There are different reforms in the New South Wales State and other jurisdictions, including trial preparations. The writer acknowledges that the main change common among the various Australian jurisdictions has critically been moving away from allowing parties to control their proceedings. The court oversees the more significant part of the parties’ proceedings. The Australian courts’ primary objective is to ensure dispute resolution between the parties. The managerial judge helps parties resolve conflicts, whereby they commence their role once the proceedings begin until the final disposition. The trial period has reduced tremendously, whereby in New South Wales, a trial hearing is arranged in a few weeks after the court gets full information from each party. Discovery is the leading cause of trial delays. However, the report indicates that the Australian courts have the mandate to dismiss cases that do not meet the merits or institute vexatiously and give hearing dates for approved cases. Arbitration, conciliation, and mediation are alternative dispute resolution formulas apart from the court rulings.
Reflection
Private and public parties must adhere to the law stipulations. Each case has its appropriate court that parties can report to and resolve the dispute. Throughout the different states, arbitration, mediation, and conciliation remain the alternative dispute resolution methods. The articles develop a comprehension that court cases have strict guidelines and steps that people must follow to expedite justice. Above all, persons should follow the law to avoid finding themselves on the wrong side of the law and equally resolve different conflicts amicably without favor.