Raleigh Law Firm

Frequently Asked Questions: Family Law

Frequently Asked Questions: Criminal & Traffic Law

Frequently Asked Questions: Business Law  

What is civil litigation?

Civil litigation relates to the relationships of contract and exchange between private parties (individuals, businesses). Civil law encompasses all law that is not criminal and is divided into two branches: Contract Law and Tort Law. Rather than being tried in a criminal court, civil law cases are litigated in civil courts as law suits and the result is normally financial compensation.

What is tort law?

A tort occurs when someone deliberately or through carelessness causes harm or loss to another person or their property.

What is contract law?

Contract law is the part of civil law that interprets written contracts between parties and resolves any disagreements. Contract law is the basis of all commercial dealings from buying a bus ticket to trading on the stock market.

How long do I have to file my civil litigation claim?

All civil actions are subject to statute of limitations. After this time, the case cannot ever be brought to trial, regardless of how good a case it was. The following statutes of limitation apply:

• Written contracts - five years
• Oral contracts - three years
• Damage to property - five years
• Personal injuries - two years
• Fraud - two years from the date of discovery
• Wrongful death - two years

What is litigation?

A controversy before a court or a lawsuit is commonly referred to as litigation. If it were not settled by agreement between the parties outside of court, it would eventually be heard and decided by a judge or jury in a court. The term litigation is sometimes used to distinguish lawsuits from alternate dispute resolution methods such as mediation or arbitration

What is mediation?

Medication is an informal, voluntary process in which a mediator helps to negotiate a mutually acceptable resolution between disputing parties. Unlike arbitration or litigation, mediation does not impose a solution. If the parties cannot negotiate an acceptable settlement, they may still arbitrate or litigate their dispute.

What is arbitration?

Arbitration is the reference of a dispute to one or more independent third person(s) who act(s) as judge and jury. In advance of the arbitration, the parties agree to be bound by the arbitrator's decision. Cases that are arbitrated are generally resolved faster than conventional lawsuits because there is less bureaucracy and court congestion is not a problem.

Contact an attorney at the Hopper Law Firm today regarding your legal questions!