questions and answers

When does the Court have the right to reject a petition?

The Court will have the right to reject a petition in following cases:

    • The plaintiff does not have the right to file a case as provided for in the Code of Civil Procedure or does not have the capacity to perform civil actions.
    • There are not the requisite conditions for filing a case as prescribed by law.
    • There are not the requisite conditions is a case in which the plaintiff fails to meet one of the conditions prescribed by law when filing a petition with the Court (e.g., filing a labor case prior to it being mediated by the labor mediator pursuant to the Labor Code, filing a case concerning a land dispute without it being mediated by the People’s Committee at the commune level where the dispute over land occurs under the Land Law).
    • The case has already been settled by an effective judgment or decision of a Court or by an effective decision of a competent state agency, except for cases in which the Court rejected a claim for divorce, a request for change in child custody, a change of alimony or damages amount, a change of trustee or estate administrator, a change of guardian, the return of a property or leased or lent property or the lease of a house or land use rights. In such cases, the Court deems that it has not yet accepted the claim and the plaintiff is allowed by law to re-file the case.
    • The time limit for payment of the advance court fees has expired in accordance with Article 195.2 of the 2015 Code of Civil Procedure and the plaintiff has failed to submit to the Court a receipt for the advance court fees. There are exceptions for cases in which the plaintiff is exempt from paying or is not liable to pay the advance court fees, or encounters an objective circumstance or a force majeure event.
    • The case does not fall within the jurisdiction of the Court.
    • The plaintiff fails to modify or supplement their petition at the request of the Judge.
    • An exception arises if the plaintiff’s petition includes a full and correct address of the residence of the defendant or person with related interests or obligations, but such person does not have stable residence or regularly changes their residence or its head office (without providing notice of the new address to competent agencies or persons in accordance with the law on residence). If the aim of the defendant is to conceal the address or shirk the performance of obligations to the plaintiff, the Judge will deem that the defendant or person with related interests or obligations deliberately concealed their address, and shall accept and settle the case according to general procedures.
    • If the plaintiff’s petition does not indicate a full, specific or correct name and address of the defendant or the person with related interests or obligations and the plaintiff fails to correct or supplement such details at the request of the Judge, the Judge shall return the petition.
    • The plaintiff withdraws their petition.

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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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