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Under what circumstances will the Court discontinue the case during the first-instance process? What are the legal consequences?

At the first-instance stage, the Court will issue a decision to discontinue the case under the following circumstances:

    • The plaintiff or defendant is an individual that is deceased, but their rights and obligations were not inherited by another party.
    • The agency or organization is dissolved or declared bankrupt, but their litigation rights and obligations are not inherited by another agency, organization or individual.
    • The plaintiff withdraws the entire claim or is absent despite having been summoned for the second time, unless the plaintiff applies for a trial in absentia or a force majeure or an objective circumstance occurs.
    • If the plaintiff withdraws the entire claim or remains absent without legitimate reason in spite of having been validly summoned twice or requesting absence from the trial. However, if the defendant has a counterclaim or a person with related rights and obligations has an independent claim, the Court shall not discontinue the case.
    • The Court has issued a decision to open bankruptcy proceedings against an enterprise or a cooperative which is a party to the case, and the settlement of such case relates to the obligations and assets of such enterprise or cooperative.
    • The plaintiff fails to advance the property valuation costs and other litigation costs as prescribed in the Code of Civil Procedure.
    • The parties have requested the application of the statute of limitations before the first-instance Court issues a judgment or decision on settlement of the case and the statute of limitations for initiating a lawsuit has expired.
    • Cases in which the Court was required to return a petition under the Code of Civil Procedure but the Court incorrectly accepted.
    • Other cases as prescribed by law.

The legal consequences of a Court terminating the settlement of the case include the following:

    • When a decision to terminate the settlement of a civil case is issued, the parties shall not be entitled to initiate a lawsuit to request the court to re-settle such case if such lawsuit relates to the same plaintiff, defendant and subject matter of the dispute as the previous lawsuit, unless otherwise prescribed by the law.
    • If the Court issues a decision to terminate the settlement of a civil case in accordance with Article 217.1.a and Article 217.1.b, or in accordance with Article 217 of the Code of Civil Procedure, the advance court fees shall be remitted to the public fund.
    • Should the Court issue a decision to terminate the settlement of a civil case for the reason that the plaintiff has wholly withdrawn the petition in accordance with point c and other cases stipulated at point d, dd, e and g of Article 217.1 of the Code of Civil Procedure, the advance court fees shall be returned to the parties who previously paid them.
    • A decision on discontinuing the case may be appealed or objected to under appellate procedure.

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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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