The state, civil servants and public institutions all have legal obligations that oblige them to do certain things and not to do certain things. These obligations constitute what is known as “public law”. For more information about public law, see What laws can I apply?. The key message of this section is that if the state violates public law, you may be able to take action against the state as a whole or against the relevant official/agency. There is no point in acting against someone unless: A “successor” is a person/corporation that inherits the property, rights and/or liabilities of another person/company, such as a company that changes its name to a new legal name and takes over the assets of the old company (A “liability” is something for which a corporation is responsible, B. a debt owed to another enterprise). Even if they fail, court cases can shed light on information that was previously kept secret and allow the truth to be heard. Litigation often involves mandatory disclosure of relevant documents by each party. This may mean that relevant evidence that is in the public interest can be uncovered.
While litigation can be an effective way to obtain justice for marginalized communities, there are circumstances in which bringing legal proceedings may not be appropriate or able to meet your needs. Legal actions for non-payment are common in contractual disputes. 3 min spent reading The Lectric Law Library. An irreverent and useful website, including a legal dictionary with definitions of thousands of legal terms, articles, and other documents on hundreds of legal topics. There are many benefits to using legal action as a tool to ensure justice. If you think legal action could help you and your community, it might be worth going further. The party against whom the action is brought is often referred to as the “defendant” (the relevant term for your claim depends on the legal system and the nature of the claim). In addition to the person or company directly liable for the damages, you may be able to take legal action against persons or companies that are agents or accessories. All public servants enjoy immunity when their acts involve the exercise of official authority. For example, when they represent their government. A key aspect of this type of immunity is that it lasts forever.
For your claim to end up in court, it must have a solid legal basis. This means that your claim must include a genuine claim of legal rights that have been violated by the other party. Likewise, you must have the facts and evidence to prove that your legal rights have been violated by the other party. By providing a tool that marginalized groups can use to challenge unjust actions, legal action can empower oppressed peoples. It can unite citizens and civil society groups with different interests and backgrounds, provide them with a forum to be heard, and create a common platform to push for change. Whatever specific course of action one wishes to take, it is important to carefully consider the merits of the claim, as well as any other remedies available. Given the time, cost, and dangers that can arise from a legal claim, it is important that you only file a lawsuit that has a reasonable chance of achieving your goals and ensuring justice for you and your community. This is especially important because losing a case could make the situation worse for you and your community by strengthening the other party`s position. When deciding whether or not to take action, it is important to consider the following factors. By increasing transparency and raising public awareness of a case, legal action can raise public awareness of a particular issue. Combined with an effective media strategy, legal action can direct public scrutiny to an issue and allow for debate.
Successful litigation can change the way a law or policy is interpreted and applied. In this way, a lawsuit can establish a question of principle that governments and companies must follow. Such an outcome can clarify future behavior and define the legal obligations of public or private persons and organizations. Beyond justice for affected individuals and communities, accountability can benefit society as a whole by affirming the importance of the rule of law in regulating State action and in upholding national and international human rights standards. Some senior officials also enjoy different immunity for all their acts, but only for the duration of their mandate. For example, important presidents and ministers enjoy this kind of absolute immunity. While legal cases often take a long time to resolve, courts often have the power to issue emergency orders or take “interim measures” when responding to litigants` urgent needs. This allows litigants to find a temporary solution to an immediate problem while pursuing the long-term goals of bringing an action. There are certain legal restrictions when legal proceedings cannot be brought against States or officials. Before you start the legal procedure to collect a claim, you need to make an important business decision – are the litigation costs worth it? This is the cost-benefit analysis discussed above. A court case can challenge an unfair policy, law or procedure and lead to systemic change in the law that can benefit all citizens.
In this sense, legal action not only responds to unfair practices, but it is proactive and helps create pressure to create a fairer system for all. Taking legal action to remedy an incident in the workplace can be tempting at first, but it can be an expensive undertaking. In addition to legal fees, there are various other potential expenses that are often associated with litigation, such as expert opinions. The number of websites related to law and legal issues is enormous. We have tried to provide a few that contain both general and specific information and can direct you to other websites if necessary: If a government agency is obliged to take a certain action and does not take that action, legal action can be taken against: How to look for a legal problem is a guide for non-lawyers, And it provides information for a person with a legal problem, find legal rules that can resolve or prevent conflicts. If your goal is to ensure lasting change in your community, it`s not just the outcome of the individual court case that counts, but it`s often the broader campaign for justice alongside a legal case that is effective. You should therefore carefully consider how best to inform the media at the beginning of a court case and how best to maintain their continued interest and involvement as the case progresses. FindLaw. Articles, guides and other information on a wide range of legal issues.
Attorney Seth Kretzer, who has worked with many companies that require unpaid invoices, can help you prepare a sample claim letter for payment for services provided and file your complaint in case you need to file a lawsuit for non-payment. Contact Kretzer and Volberding P.C. law firms today for assistance. However, there are a number of ways in which applicants can obtain financial assistance or assistance for legal action. For example: Legal action can result in significant reforms of policies and laws that violate human rights or constitutional provisions. Example: IFC lawsuit (United States) In U.S. courts, Indian farmers are suing the international financial institution IFC for its investment in a coal mine that has caused severe environmental damage to their land. The high cost of lawsuits or litigation is something all parties want to avoid. Because they are discreet and less expensive, parties may have an incentive to negotiate a settlement rather than a dispute to resolve a claim. In some cases, it may be possible to hold the State responsible for acts committed outside its territory or if its acts have effects outside its territory. It is increasingly recognized that the human rights obligations of Governments extend to people living outside their borders.
These obligations may arise in the following circumstances: While a strong legal case is often essential, it depends on your goals and circumstances. Even trials that do not end up in court can benefit communities and victims of abuse by ensuring transparency and greater public awareness. If negotiations and mediation are not successful or possible, and if any of the above factors mean you do not wish to take legal action, you may choose not to take any action. That is, you can “write off the claim”. In some cases, a business liability written off may be tax deductible. In some cases, a lawyer is not required to take legal action. This is the case, for example, with applications to the Ontario Human Rights Commission. Gallagher Law Library at the University of Washington School of Law offers a free online law library that offers a variety of legal resources.
