Law Final

Discuss Steps in Civil Litigation

Litigation is the process of bringing disputes to court to have them resolved by a judge on the basis of evidence presented by those involved in the dispute. Civil litigation has the following steps:

1. Pleading. Here the parties in the lawsuit each file papers known as pleadings, this files explain each sides about the dispute.

2. Discovery. This is usually the longest part of a case. Here the parties involved collect information needed to know the weaknesses and strength of the other party in the lawsuit. Information is collected formally through interrogatories.

3. Trial. In this stage, the parties involved now present evidence to support their claims or defenses to a jury or judge.

4. Appeal. Here the party dissatisfied asks a higher court to review the trail court proceedings. The appeal court reviews a case for any legal errors. If they find any errors, they can order the trail court to start a new trail or the appeal court can reverse the verdict.

Discuss Classification of contracts. Give suitable examples of bilateral and unilateral contracts.

1. The method of formation of a contract.

This method has three types;

* Express contract: This is expressed in words written or spoken. When this contract is formal, it’s easy to understand rights of parties involved

* Implied contract: A contract formed by conduct of the parties.

* Quasi contract: A fictional contract imposed on parties involved by a court in the interests of justice and fairness.

2. The time of performance of contract.

This method has two types;

* Executed contract: A contract that has been completely performed by both parties involved

* Executory contract: A contract that has not yet been fully performed by one or more parties

3. The parties of the contract.

This method has two types;

* Bilateral Contract: A bilateral contract arises when the offeror gives her promise in exchange for the offeree’s return promise (e.g., X...