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69-579: The name of the Androscoggin is derived from an anglicization of the Abenaki-language term Ammoscongon, which was the name given for the portion of the Androscoggin river from Lewiston Falls northward, as stated by Pere Pole in 1793. The Ammoscongon once lived in the Androscoggin River watershed, located in present-day southern Maine and northern New Hampshire . Their main village was located in

138-455: A civil court of law . The archaic term " suit in law " is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court . The defendant is required to respond to the plaintiff's complaint or else risk default judgment . If

207-436: A jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction. Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with

276-413: A voluntary dismissal , so that the settlement agreement is never entered into the court record. The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records. In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on or reducing

345-528: A "civil action." In England and Wales the term "claim" is far more common; the person initiating proceedings is called the claimant . England and Wales began to turn away from traditional common law terminology with the Rules of the Supreme Court (1883), in which the "statement of claim" and "defence" replaced the traditional complaint and answer as the pleadings by which parties placed their case at issue before

414-409: A copy of the complaint to notify the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an answer stating their defenses to the plaintiff's claims, which includes any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff. In a handful of jurisdictions (notably,

483-588: A few have completely stopped, with many companies citing cost as a prime factor for continued pollution. On April 15, 2020, a large explosion occurred at the Verso Paper Mill, located on the river. It is unknown what impacts, either negative or positive, the explosion and the mill's indefinite closing will have on water quality. The Androscoggin begins in Errol, New Hampshire , where the Magalloway River joins

552-401: A history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem). The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal. When

621-532: A local nonprofit, has been working to establish a water trail along the entire length of the river. The trail will provide improved portages and access sites for paddling, fishing, and boating. There are currently over 40 mapped public access sites to the river. The Androscoggin Riverlands State Park in Maine is a popular area for paddling. It consists of 12 miles (19 km) along the western shoreline of

690-408: A reply to this counterclaim. The defendant may also file a " third party complaint ", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for

759-407: A share of the ultimate settlement or award. If the case ultimately loses, the litigant does not have to pay any of the money funded back. Legal financing is different from a typical bank loan in that the legal financing company does not look at credit history or employment history. Litigants do not have to repay the cash advance with monthly payments, but do have to fill out an application so that

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828-415: A trial. It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit, with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to default judgment , lack of a valid claim, and other reasons. At trial, each person presents witnesses and

897-412: Is 1,919 ft³/s (54.3 m³/s). The second is near Gorham, New Hampshire ( 44°26′10″N 71°11′27″W  /  44.43611°N 71.19083°W  / 44.43611; -71.19083 ), where the watershed is 1,361 square miles (3,520 km ). Flow here has ranged from 21,900 to a mean daily low of 795 ft³/s (620 and 22.5 m³/s) (lows when dam closed). The mean annual flow between 1905 and 2005

966-406: Is 2,512 ft³/s (71 m³/s). The third is at Rumford, Maine ( 44°33′04″N 70°32′38″W  /  44.55111°N 70.54389°W  / 44.55111; -70.54389 ), where the watershed is 2,068 square miles (5,360 km ). Flow here has ranged from 74,000 to 625 ft³/s (2,094 and 17.7 m³/s). The mean annual flow between 1905 and 2005 is 3,801 ft³/s (107.6 m³/s). The fourth

1035-415: Is a generalized description of how a lawsuit may proceed in a common law jurisdiction: A lawsuit begins when a complaint or petition, known as a pleading, is filed with the court. A complaint should explicitly state that one or more plaintiffs seek(s) damages or equitable relief from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by

1104-416: Is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example, if they wanted a larger award than was granted. The appellate court (which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands. This process would then involve sending

1173-471: Is a popular fishing destination for anglers . The upper section of the river offers good fly fishing for brook , rainbow and brown trout . Landlocked salmon can also be caught in the far northern portions of the river near Errol, New Hampshire . As the river progresses south and east of the White Mountains , the river widens some and the water quality becomes more acidic. As a result of these changes,

1242-643: Is a river in the U.S. states of Maine and New Hampshire , in northern New England . It is 178 miles (286 km) long and joins the Kennebec River at Merrymeeting Bay in Maine before its water empties into the Gulf of Maine on the Atlantic Ocean . Its drainage basin is 3,530 square miles (9,100 km ) in area. The name "Androscoggin" comes from the Eastern Abenaki term Ammoscongon , which referred to

1311-588: Is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have

1380-424: Is at Auburn, Maine ( 44°04′20″N 70°12′31″W  /  44.07222°N 70.20861°W  / 44.07222; -70.20861 ), where the watershed is 3,263 square miles (8,450 km ). Flow here has ranged from 135,000 to 340 ft³/s (3,820.5 and 9.6 m³/s). Lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant ) in

1449-486: Is called appearing pro se . Many courts have a pro se clerk to assist people without lawyers. A pretrial discovery can be defined as "the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial" and allows for the evidence of the trial to be presented to the parties before the initial trial begins. The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery , which

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1518-437: Is likewise important that the plaintiff select the proper venue with the proper jurisdiction to bring the lawsuit. The clerk of a court signs or stamps the court seal upon a summons or citation, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they are limited in the amount of time to reply. The service provides

1587-399: Is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment , for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince

1656-404: Is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop frivolous claims or defenses. At this point, the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial. There is also

1725-469: The U.S. state of New York ) a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendants. In such jurisdictions, nothing must be filed with the court until a dispute develops requiring actual judicial intervention. If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to

1794-808: The Androscoggin joined the Pequawket and migrated to the Connecticut River in New Hampshire . They later migrated north to Canada, where they settled in Saint-François-du-Lac, Quebec , present day Abenaki First Nations of Odanak . Maps showing the approximate locations of areas occupied by members of the Wabanaki Confederacy (from north to south): Androscoggin River The Androscoggin River ( Abenaki : Ammoscongon )

1863-695: The Great Falls northward. According to the USGS, variant names for the Androscoggin River include Amasagu'nteg, Amascongan, Ambrose Coggin, Ammeriscoggin, Ammoscoggin, Amos Coggin, Amoscommun, Anasagunticook, Anconganunticook, Andrews Coggin, Andros Coggan, Andros Coggin, Androscoggen, Andrus Coggin, Aumoughcaugen, and Ameriscoggin River. The average Androscoggin drop of eight feet per mile (1.5m per km) made it an excellent source of water power encouraging development of

1932-495: The United States. The pollution became so severe that until very recently, one 14-mile (23 km) stretch required oxygen bubblers to prevent fish from suffocating. As of May 2007, environmental groups had a lawsuit pending, in an attempt to force the paper mills located along the river to clean their waste streams. Most companies have agreed and generally followed through on reducing the amount of wastewater discharge, but only

2001-412: The ability of one to make an under-oath statement during the pretrial, also known as a deposition. The deposition can be used in the trial or just in the pretrial, but this allows for both parties to be aware of the arguments or claims that are going to be made by the other party in the trial. It is notable that the depositions can be written or oral. At the close of discovery, the parties may either pick

2070-478: The ability of one to present claims or defenses at any subsequent trial, or even lead to the dismissal of the lawsuit altogether. Though the majority of lawsuits are settled before ever reaching trial, they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine , for example in the United States ), or vice versa. It

2139-486: The ability to enforce a judgment if the defendant's assets are theoretically outside their reach. Lawsuits can become additionally complicated as more parties become involved (see joinder ). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into

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2208-414: The allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against

2277-425: The approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment. Particularly in the United States, plaintiffs and defendants who lack financial resources for litigation or other attorney's fees may be able to obtain legal financing . Legal financing companies can provide a cash advance to litigants in return for

2346-471: The attorneys representing them are called litigators. The term litigation may also refer to the conducting of criminal actions (see criminal procedure ). The word "lawsuit" derives from the combination of law and suit. Suit derives from the old French "suite, sieute" meaning to pursue or follow. This term was derived from the Latin "secutus", the past participle of "sequi" meaning to attend or follow. Similarly,

2415-553: The cities of Berlin, New Hampshire , and Lewiston and Auburn, Maine , and the Maine towns of Brunswick , Topsham , Lisbon Falls , Livermore Falls , Chisholm , Mexico , Rumford and Bethel . The Androscoggin was once heavily polluted by a variety of textile mills , paper mills , and other industries located along its banks, and helped inspire the Clean Water Act . The river has benefited greatly from environmental work and

2484-505: The claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision, and from that point forward participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit. In medieval times, both "action" and "suit" had

2553-642: The codified text of the Ku Klux Klan Act . The fusion of common law and equity in England in the Judicature Acts of 1873 and 1875 led to the collapse of that distinction, so it became possible to speak of a "lawsuit." In the United States , the Federal Rules of Civil Procedure (1938) abolished the distinction between actions at law and suits in equity in federal practice, in favor of a single form referred to as

2622-421: The costs of litigation and attorneys' fees, and for this reason, many litigants turn to reputable legal financing companies to apply for a cash advance to help pay for bills. Defendants, civil rights organizations, public interest organizations, and government public officials can all set up an account to pay for litigation costs and legal expenses. These legal defense funds can have large membership counts where

2691-412: The departure of certain types of industry from the region. As a result, the amount of contaminated wastewater being released into the river has greatly decreased. However, several mills still release chemical waste into the river, albeit in much smaller amounts. From the 1940s through the 2000s, the Androscoggin was so polluted that some environmental groups listed it as one of the 20 most polluted rivers in

2760-413: The doctrine of res judicata from relitigating any of the issues, even under different legal theories. Judgments are typically a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as: If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of

2829-514: The entire portion of the river north of the Great Falls in Lewiston, Maine . The Anglicization of the Abenaki term is likely an analogical contamination with the colonial governor Edmund Andros . There were several ancient names for the river. The Androscoggin was known as Pejepscook from Merrymeeting Bay to the Great Falls, with its namesake deriving from an anglicization of the section of river from

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2898-414: The evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses . The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when

2967-603: The internet. For example, in the case of William J. Ralph Jr. v. Lind-Waldock & Company (September 1999), one would assume that Ralph lost the case when in fact, upon review of the evidence, it was found that Ralph was correct in his assertion that improper activity took place on the part of Lind-Waldock, and Ralph settled with Lind-Waldock. Cases such as this illustrate the need for more comprehensive information than mere internet searches when researching legal decisions. While online searches are appropriate for many legal situations, they are not appropriate for all. The following

3036-416: The judge to change the decision or grant a new trial. Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement. If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file

3105-416: The lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before final resolution. The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear. The initial step in making an appeal consists of

3174-408: The lawsuit is finally resolved, or the allotted time to appeal has expired, the matter is res judicata , meaning the plaintiff may not bring another action based on the same claim again. In addition, other parties who later attempt to re-litigate a matter already ruled on in a previous lawsuit will be estopped from doing so. When a final judgment is entered, the plaintiff is usually barred under

3243-467: The legal financing company can review the merits of the case. Legal financing can be a practical means for litigants to obtain financing while they wait for a monetary settlement or an award in their personal injury , workers' compensation , or civil rights lawsuit. Often, plaintiffs who were injured or forced to leave their jobs still have mortgages , rent, medical expenses, or other bills to pay. Other times, litigants may simply need money to pay for

3312-405: The lower court. There were no errors made, the case would then end, but if the decision was reversed, the appellate court would then send the case back down to the lower court level. There, a new trial will be held and new information taken into account. Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to

3381-486: The members contribute to the fund. Unlike legal financing from legal financing companies, legal defense funds provide a separate account for litigation rather than a one-time cash advancement, nevertheless, both are used for purposes of financing litigation and legal costs. There was a study conducted in the Supreme Court Economic Review that shows why litigation financing can be practical and beneficial to

3450-406: The motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant must file an answer. Usually the pleadings are drafted by a lawyer , but in many courts persons can file papers and represent themselves, which

3519-623: The mountains behind. The river passes through the twin cities of Lewiston and Auburn , turns southeast, passes the community of Lisbon Falls and reaches tidewater just below the final falls in the town of Brunswick . Merrymeeting Bay is a 10-mile-long (16 km) freshwater estuary where the Androscoggin meets the Kennebec River nearly 20 miles (32 km) inland from the Atlantic Ocean. Listed from source to mouth of Androscoggin, with location of tributary's mouth: The Androscoggin River

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3588-399: The opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden. There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there

3657-572: The other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, however, courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be " judgment-proof ." The term is generally a colloquialism to describe an impecunious defendant. Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in

3726-428: The outlet of Umbagog Lake . The river flows generally south but with numerous bends past the towns of Errol and Milan and the city of Berlin before turning east at the town of Gorham, New Hampshire , to cut across the northern end of the White Mountains and enter Maine. Continuing east, the river passes the towns of Bethel , Rumford , and Dixfield before turning south at the town of Livermore Falls and leaving

3795-410: The petitioner filing a notice of appeal and then sending in a brief, a written document stating reason for appeal, to the court. Decisions of the court can be made immediately after just reading the written brief, or there can also be oral arguments made by both parties involved in the appeal. The appellate court then makes the decision about what errors were made when the law was looked at more closely in

3864-737: The plaintiff is successful, judgment is entered in favor of the plaintiff, and the Court may impose the legal and/or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right , award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes . A lawsuit may involve resolution of disputes involving issues of private law between individuals, business entities or non-profit organizations . A lawsuit may also involve issues of public law in

3933-451: The plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make

4002-400: The plaintiffs. As the initial pleading, a complaint is the most important step in a civil case because a complaint sets the factual and legal foundation for the entirety of a case. While complaints and other pleadings may ordinarily be amended by a motion with the court, the complaint sets the framework for the entire case and the claims that will be asserted throughout the entire lawsuit. It

4071-400: The plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase. Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that

4140-421: The punishment. In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision. After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. It is not necessarily an automatic appeal after every judgment has been made, however, if there

4209-524: The river just east of Turner . The U.S. Geological Survey (USGS) maintains four river flow gauges on the Androscoggin River. All four are below one or more dams. The first is at Errol, New Hampshire ( 44°46′57″N 71°07′46″W  /  44.78250°N 71.12944°W  / 44.78250; -71.12944 ), where the watershed is 1,046 square miles (2,710 km ). Flow here has ranged from 16,500 to 0 ft³/s (467 and 0 m³/s) (zero flow when dam closed). The mean annual flow between 1905 and 2005

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4278-485: The same jurisdiction. It is important for litigants to be aware of all relevant procedural rules (or to hire competent counsel who can either comply with such rules on their behalf or explain the rules to them), because the litigants ultimately dictate the timing and progression of the lawsuit. Litigants are responsible for obtaining the desired result and the timing of reaching this result. Failure to comply with procedural rules may result in serious limitations that can affect

4347-411: The sense that the state is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the state. Conducting a civil action is called litigation. The plaintiffs and defendants are called litigants and

4416-451: The suit on either side after it progresses. In reality, however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits. The official ruling of a lawsuit can be somewhat misleading because post-ruling outcomes are often not listed on

4485-400: The trial court. American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action alleged in a complaint. Similarly, "defense" refers to only one or more affirmative defenses alleged in an answer. Americans also use "claim" to describe an extrajudicial demand filed with an insurer or administrative agency. If the claim is denied, then

4554-506: The trout and salmon fisheries vanish almost entirely in the central and lower portions of the river. However, these sections often contain trophy smallmouth bass fisheries. Northern pike also inhabit the lower sections, with quality specimens being reported for this species as well. Other species found in the lower portions include redbreast sunfish , yellow perch , and white suckers . The Androscoggin River Watershed Council,

4623-422: The vast majority of common law jurisdictions. Scholars in law, economics and management have studied why firms involved in a dispute choose between private dispute resolution—such as negotiation, mediation, and arbitration—and litigation. During the 18th and 19th centuries, it was common for lawyers to speak of bringing an "action" at law and a "suit" in equity . An example of that distinction survives today in

4692-584: The vicinity of present-day Lewiston, Maine . Together with the Pigwacket near Fryeburg, Maine they formed the southernmost of the Abenaki tribes and were therefore one of the first in contact with the English colonists of New England . In 1675, the Androscoggin took part in King Philip's War . The renowned hunter, trapper, fisherman and guide, Metallak (1727-1847), was a member of the Androscoggin tribe. In 1725,

4761-545: The word "sue", derives from the old French "suir, sivre" meaning to pursue or follow after. This was also derived from the Latin word "sequi". Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules arise from statutory law , case law , and constitutional provisions (especially the right to due process ). The details of each kind of legal procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within

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