Arizona Process Server Practice Exam

What is the definition of litigation?

1. The act of negotiating a settlement.

2. The process of resolving rights-based disputes through the court system.

3. The procedure for filing a motion.

4. The stage of mediation before trial.

The correct answer is: The process of resolving rights-based disputes through the court system.

Litigation is defined as the process of resolving rights-based disputes through the court system. This encompasses all actions taken from the initiation of a lawsuit until its conclusion, including the filing of complaints, the exchange of evidence through discovery, trial, and ultimately, the judgment. The term encapsulates both civil and criminal proceedings where parties seek the adjudication of their legal rights. In contrast, negotiating a settlement refers to reaching an agreement outside of court, which is not the same as litigation. The procedure for filing a motion is a specific step within the broader context of litigation, rather than defining it. Mediation, which occurs prior to trial, is an alternative dispute resolution method that also does not represent the entirety of litigation. Therefore, the definition that highlights the structured court process of resolving disputes is the most accurate representation of what litigation entails.