From ancient times to the modern age, disputes are unavoidable. There are instances when an alternative dispute resolution can be reached with the help of an experienced mediator. But if you encounter complex civil litigation, would you know what to do and how to handle it?
Civil litigation is a legal proceeding where one party – the plaintiff – sues another party (the defendant) for a specific remedy or relief. And these cases are usually filed in civil court. To understand what complex civil litigation is, you need to have a grasp of the things it entails.
What is Complex Civil Litigation?
Civil litigation may involve disputes about contracts, torts (wrongs), injuries, property, and family law. It can be adversarial, meaning that the parties oppose each other and are not collaborating toward a solution. However, it may also be non-adversarial, meaning that the parties work together toward a solution and do not oppose each other.
Complex civil litigation is usually more complicated than criminal litigation settlements. The Civil Rights Act of 1964, also known as the Civil Rights Act or CRA, is a federal law that forbids any form of discrimination that is based on race, color, religion, sex, or national origin in the employment sector.
The complexity of civil litigation can be understood by explaining Title VII and the Americans with Disabilities Act.
The Equal Employment Opportunity Commission (EEOC) – the agency that deals with workplace discrimination issues – is charged with administering and enforcing the employment discrimination provisions of Title VII and ensuring that businesses are in compliance with both Title VII and the ADA. This is done by investigating employment discrimination charges, providing technical assistance to employers, filing lawsuits, and pursuing litigation.
Who Are Affected by the Act?
The Civil Rights Act makes it illegal and unlawful for employers to discriminate against their employees and other people based on these factors. It also offers protection for people from discrimination because of their political beliefs and activities, and gender expression. Apart from these things, the Act also protects people from discrimination that limits a person’s ability to purchase, rent, or sell property; obtain credit, or participate in government programs.
The said Act is applicable to employers with 15 or more employees, labor organizations, employment agencies, and joint labor-management committees controlling apprenticeship and training. It also applies to federal, state, and local governments and their agencies and their programs and activities.
When it comes to the labor industry, the Act prohibits discrimination in all aspects of employment, including hiring, firing, paying of wages, job assignments, promotions, layoffs, training opportunities, fringe benefits, and any other term or condition of employment. Even if a person is not employed yet, he or she is also protected by the Act from discrimination when applying for a job. Employers may not discriminate in any of these areas to abide by the law.
What Happens in a Civil Action?
In the United States, a civil action is a lawsuit filed in a civil court seeking compensation or another remedy for a wrong. It is distinguished from a criminal case, which is prosecuted in a criminal court instead.
Civil actions can be filed by a private plaintiff (a person or company bringing the suit) or by a public prosecutor on behalf of the government. In the latter, a government agency can bring the suit on behalf of the public.
Civil actions are usually filed in state courts. However, a few civil cases or civil actions can also be filed in federal courts and tribal courts.
In the United States, the federal courts have exclusive jurisdiction over lawsuits involving violations of federal law. Federal courts also have jurisdiction over a few types of civil case lawsuits that involve disputes between citizens of different states or between the states themselves.
Arise Victorious in a Civil Litigation
Several decades ago, around 11.5% of federal civil cases in 1962 went to trial, and experts state that the percentage of civil actions reaching trial in the Federal courts today has dropped to around 1%. Lawmakers and other honorable people in the court, like retired Judge Shira A. Scheindlin, have worked hard to make litigations a smooth process. If you think you’re a victim of discrimination or facing other common types of civil litigation, follow only the best approach to emerge victorious in the end.