Litigation is the process of getting to court to argue your case. The case might be criminal, during which the state argues that a citizen violated the law, or civil, during which two citizens or businesses argue against one another. Within each of those categories, there are several other smaller courts. for instance, criminal cases about traffic violations or youthful offenders have their own courts, and civil cases concerning housing, family, and bankruptcy often have their own courts. Some litigation also takes place in administrative courts, like the IRS’s tax court or the chief Office of Immigration Review’s immigration court.

Although exact procedures vary by court and by state, most trials follow a similar pattern. One side, known as the “plaintiff,” “complainant,” or “prosecution,” files a complaint listing out all of the ways the other party broke the law. The other party responds by admitting or denying the items in the complaint. Then there is an investigative period known as discovery, in which both parties investigate the facts of the case. The parties will attempt to resolve their issues many times over these initial stages, but if these attempts are unsuccessful, the case will go to trial. A judge will preside over the trial to ensure that the law is interpreted accurately and that each side follows the procedure. Sometimes the judge will also decide the facts of the case, but sometimes that task is left to a jury.