Legal System and Legal Forms of Business

In business there are many different things a business owner must know before and during the operation of their business many of these things are centered on guidelines, rules and laws. The legal system is a very important part of the operation of a business if the legal aspects are not understood by the owner the business may fall into very serious potentially detrimental problems.
Traditional litigation refers to the court process where both parties use the court system and procedures to resolve their dispute. In traditional litigations both parties retain attorneys who represent them regarding negotiations and court hearings, once attorneys are retained both parties communicate primarily through their attorneys. This entire process begins when one party places a complaint also known as a suit against the other party either person or the business. Once the complaint and answer have been filed a court monitored process known as discovery is conducted. The discovery rules are designed to help sort out the material issues in dispute prior to trial this is so that a trial is conducted in a proper manner and that there are no undue surprises and posturing( Barron 2011. Discovery procedures are conducted under court supervision and allow both parties to voluntarily exchange documents relevant to the suit as well as serve written requests for information on the opposing party. Once the discovery or “pretrial” phase is done a trial date is set and if needed a jury is selected. During a trial the jury acts as a finder of facts. The jury asses all items presented by both parties and determine credibility of witnesses. Once both parties have pled their case the jury will determine whether or not the plaintiff has met their burden of proof. During the litigation process there are risks that businesses may encounter. The first