08/22/2024 | News release | Distributed by Public on 08/22/2024 06:06
A legal complaint is the initial document filed by a plaintiff to start a lawsuit, outlining the allegations against the defendant and specifying the legal grounds and relief sought. A lawsuit, on the other hand, is the broader legal action that includes all subsequent proceedings such as motions, discovery, trial, and appeals. Generally speaking, it begins with the filing of a complaint and involves multiple stages where information can be obtained through a process called "discovery," and evidence, witness testimonies, and legal arguments can be presented. The outcome of a lawsuit is determined by a judge or jury who issues a final judgment or verdict. If there are appropriate grounds to challenge the proceedings that occurred in the trial court, appeals then follow.
In essence, a legal complaint initiates a lawsuit, while a lawsuit encompasses the entire process of resolving the dispute in court. The existence of a lawsuit and its course through the judicial process is also referred to as "litigation."
The civil justice system has changed a lot recently. It was originally meant to handle individual disputes with fair and appropriate awards. However, it is now dominated by high-payout class actions and mass torts, mostly driven by plaintiffs' law firms. In fact, ILR research has shown that over two thirds of all private federal civil cases are consolidated in multidistrict litigation (MDLs). An MDL is a legal procedure that consolidates multiple related civil cases from different districts into one court for pretrial proceedings to (in theory) improve efficiency and consistency. This process is often used for complex cases like mass torts, where many plaintiffs have similar claims against the same defendant, and as ILR's research shows, it has serious flaws. For example, there is no mechanism to verify that all or even most claims consolidated in a given MDL have merit, which puts defendants at a serious disadvantage and makes MDLs a frequent avenue for abusive litigation.
The onset of this magnitude of litigation threatens our civil justice system and economy-and as a result, increases costs for businesses and consumers. The Institute for Legal Reform (ILR) has long advocated for a fair legal system that promotes economic growth and opportunity.
As explained in ILR research, the following are key drivers and consequences of lawsuit abuse that policymakers and legal reform advocates should address to improve the overall legal climate:
Now you know the answer to the question, "What is the difference between a legal complaint and a lawsuit?" At its core, litigation is an important tool for addressing legal disputes between parties. However, it is critical to rein in lawsuit abuse through legal reforms and pursue other ways of resolving disputes when possible, such as through arbitration, which is fairer, faster, and less expensive than time-consuming and expensive litigation.
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