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How shall a judgement be enforced should a cassation or reconsideration decision be issued?

(i) Should a cassation or reopening decision uphold a legally effective judgement or decision:

  1. The judgement enforcement will continue if the judgement or decision has not yet been enforced or has been partially enforced;
  2. If the judgement or decision has been completely enforced, notice is provided to the Court which made the cassation or re­opening decision, the Procuracy at the same level and the involved parties.

(ii) Should the cassation or reopening decision uphold a lower Court’s lawful judgement or decision which had been quashed or modified:

  1. Enforcement shall be conducted according to this cassation decision and the lower Court’s lawful judgement or decision which had been quashed or modified;
  2. For parts of the lower Court’s judgement or decision which have not been quashed or modified and not yet been enforced, the head of the Civil Judgement Enforcement Agency shall issue a decision on continued judgement enforcement. If these valid parts of the lower Court’s judgement or decision have been completely enforced, the head of the Civil Judgement Enforcement Agency shall provide notice to the Court which made the cassation decision, the Procuracy at the same level and the involved parties;
  3. For parts of the Court’s judgement or decision quashing or modifying a lower-level court’s judgement or decision which has been partially or completely enforced, the involved parties may reach an agreement on the return of assets or restoration of property rights.

    Assets subject to judgement enforcement which are real estate or movables subject to compulsory ownership registration that are still in operational condition, shall be coercively returned to their owners.

    Should assets have been lawfully transferred to third parties for bona fide possession through auctions or sold to persons who have become, under judgements or decisions of competent state agencies, owners of these assets but then no longer own these assets due to the fact that a judgement or decision is quashed or modified (or the current state of the assets subject to judgement enforcement has been changed), the original owners of these assets are not entitled to obtain their property back but shall have the value of these assets refunded.

    If there is a claim for damage or compensation, the agency which issued the quashed or modified judgement or decision shall settle it under the law.

(iii) Should a cassation or reopening decision quash a legally effective judgement or decision:

  1. If the decision is to order that the first-instance or appellate procedures must be held again, judgement enforcement shall be conducted under the new legally effective first-instance judgement or decision or new appellate judgement.
  2. If the decision is to suspend the handling of cases in which the property part of a quashed judgement or decision has been partially or completely enforced, Item (ii).c must be applied.

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Emotional intelligence plays a key role in conflict resolution. People with strong analytical skills often tend to focus on the logical and right-wrong aspects of an issue, which is not the most effective approach for conflict resolution. Emotional intelligence is necessary to maintain self-control and avoid getting stuck in a right-wrong mindset. Knowing when to stay silent is also an important aspect of emotional intelligence in order to achieve a satisfactory outcome for all parties involved.

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Litigation, a term derived from the Latin word “litigare,” meaning “to dispute,” is the process of taking legal action through courts to enforce or defend a legal right. It involves a series of steps, from the initial filing of a lawsuit to the final resolution, often through a court trial or settlement. This legal mechanism is fundamental in maintaining the rule of law, resolving disputes, and ensuring justice in society.

The litigation process typically begins when one party, known as the plaintiff, files a complaint against another party, the defendant. This complaint outlines the plaintiff’s allegations and the legal basis for the lawsuit. The defendant is then served with a summons and a copy of the complaint, providing formal notice of the legal action.

1. Pleadings: The initial phase of litigation involves pleadings, where both parties submit written statements. The plaintiff files a complaint, and the defendant responds with an answer, which may include counterclaims against the plaintiff. This exchange of documents establishes the issues in dispute and the positions of each party.

2. Discovery: Discovery is a critical phase where both parties gather evidence to support their claims and defenses. This process includes depositions, interrogatories, requests for documents, and admissions. Discovery ensures that both parties have access to relevant information, promoting transparency and fairness in the litigation process.

3. Pre-Trial Motions: Before the trial, parties may file various motions to resolve specific issues or potentially dismiss the case. Common pre-trial motions include motions to dismiss, motions for summary judgment, and motions to compel discovery. These motions aim to streamline the trial by addressing legal and procedural matters in advance.

4. Trial: If the case proceeds to trial, both parties present their evidence and arguments before a judge or jury. The trial involves opening statements, witness examinations, cross-examinations, and closing arguments. The judge or jury then deliberates and renders a verdict, determining the outcome of the case.

5. Post-Trial Motions and Appeals: After the trial, the losing party may file post-trial motions, such as a motion for a new trial or a motion for judgment notwithstanding the verdict. If these motions are denied, the losing party can appeal the decision to a higher court. The appellate court reviews the trial record and determines whether legal errors were made that could have affected the outcome.

Types of Litigation

Litigation encompasses various types of legal disputes, each with unique characteristics and procedures:

1. Civil Litigation: Civil litigation involves disputes between individuals, businesses, or organizations seeking monetary damages or specific performance. Common examples include contract disputes, personal injury claims, and property disputes. The burden of proof in civil cases is typically “preponderance of the evidence,” meaning that one party’s case must be more convincing than the other’s.

2. Criminal Litigation: Criminal litigation involves the prosecution of individuals or entities accused of violating criminal laws. The government, represented by a prosecutor, brings charges against the defendant. The burden of proof in criminal cases is “beyond a reasonable doubt,” a higher standard than in civil cases, reflecting the serious consequences of criminal convictions.

3. Administrative Litigation: Administrative litigation occurs when individuals or entities challenge the decisions or actions of government agencies. These cases often involve regulatory compliance, licensing, and enforcement actions. Administrative hearings are typically less formal than court trials, with specific procedures and rules governing the process.

The Role of Attorneys in Litigation

Attorneys play a crucial role in the litigation process, representing the interests of their clients and navigating the complexities of the legal system.

They provide legal advice, draft pleadings and motions, conduct discovery, negotiate settlements, and advocate for their clients in court. Effective litigation requires a deep understanding of substantive and procedural law, strategic thinking, and strong advocacy skills.

Conclusion

Litigation is a cornerstone of the legal system, providing a structured process for resolving disputes and upholding the rule of law. While it can be lengthy, costly, and adversarial, litigation remains an essential mechanism for achieving justice and accountability.

Understanding the stages, types, and roles involved in litigation is vital for anyone navigating the legal landscape, whether as a plaintiff, defendant, or legal professional.

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I am old-school when it comes
to learning. I love traditional books (paper books) because they connect me to the words on the page. I often purchase and make a habit of daily reading, and this is the only way I feel happy after a hard day of work. Books are good friends that brighten my spirit and transport me to my own world.

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Analytical skills

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