TABLE OF CONTENTS-
Do I Have A Case That's Worth My Time & Effort
To Be or Not to Be in Small Claims Court
I'm ready to file. Who do I sue?
I have my defendant. Where should I sue?
Beware of the Statute of Limitations
- GLOSSARY
- LEGAL TERMS
- ACTION
- BREACH
- ADMISSIBLE EVIDENCE
- AFFIANT
- AFFIDAVIT
- AFFIRMATIVE DEFENSE
- AGREEMENT
- ALLEGATIONS
- AMENDMENT
- CASE LAW
- COMPLAINT
- CONTRACT
- CORPORATION
- CROSS EXAMINATION
- DAMAGES
- DIRECT EXAMINATION
- DEFENDANT
- DISMISSAL
- FRAUD
- JUDGMENT
- JURISDICTION
- EVIDENCE
- GENERAL CONDITION OF CARRIAGE
- HEARING
- ISSUE
- INJURY
- MINIMUM CONTACTS
- PARTY
- PERSONAL JURISDICTION
- PRO SE/IN PROPRIA PERSONA
- STATUTE
- STATUTE OF LIMITATIONS
- VENUE
- WITNESS
A lawsuit or proceeding in a court of
law.
A violation in the performance of or a
failure to perform an obligation created by a promise, duty, or law
without excuse or justification.
Evidence that can be legally and properly
introduced in court.
Person who makes and signs an affidavit or
declaration.
A written statement of facts under oath,
by a party. Can also be referred to as a declaration.
Defendant provides an excuse to escape
responsibility without denying plaintiff's claim.
The mutual consent, whether written or
verbal, of two or more contracting parties to the same terms through a
meeting of the minds.
A statement of the issues in a pleading
that a person intends to prove in court.
Making a change in the complaint, answer
or countercomplaint.
Law established by precedent,
predominantly decisions of state Supreme Court or United States Supreme
Court, used to support your position. Any opinion cited by a district
court or another state is merely persuasive. It is not controlling law.
The legal document, also known as a
pleading that initiates a civil lawsuit. It states facts and identifies
the action the court is to asked to take.
A legally enforceable agreement between
two or more competent parties signifying a meeting of the minds either
orally or in writing.
A legal entity created under state law
most commonly intended to be in business.
The examination of a witness who has
already testified in order to test, discredit or impeach the witness's
testimony, knowledge, or credibility.
An amount of money that may be recovered
in the courts by any person who has suffered loss, detriment, or injury
through the unlawful act, negligence or intentional conduct of another.
The first questioning of a witness by the
party on whose behalf they are called.
The person(s) or other entity against
which a claim is filed.
The termination of a lawsuit. A dismissal
without prejudice allows the plaintiff the option to file again at a
later date. A dismissal with prejudice prevents the lawsuit from being
brought again in the future in any form.
Intentional deception to deprive another
person of property or to injure that person in some other way through
misrepresentation.
A final determination by the court of the
rights and claims of the parties in the action, whether by default,
summary judgment consent judgment or verdict.
The extent of the court's legal authority
in a specific geographical area to interpret and apply the law. Types
of jurisdictional power include subject matter, personal, territorial,
concurrent and appellate jurisdiction.
A fact presented before a court such as a
witness' statement, a tangible object, etc that relates to or
establishes a fact in contention.
A contract between the air carrier and
the passenger specifying obligations, rights, warranties and
disclaimers between the parties.
A legal proceeding at which arguments and
evidence may be presented on the matter at issue to be decided by the
presiding judge.
The disputed point of contention between
the parties of the action. To send out officially, such as to issue an
order.
A violation of a legally protected
interest for which the law allows an action for legal or equitable
relief.
The level of a nonresident defendant's
connection with or activity in a state that is sufficient under due
process to support the assertion of personal jurisdiction under a
long-arm statute.
A person, business, organization or
government agency actively involved in the prosecution or defense of a
legal proceeding.
The court will only have personal
jurisdiction, also referred to as "in personam jurisdiction," over a
defendant if the defendant has been personally served or accepted
service of court papers, and the defendant has at least some minimum
contact with the state in which the court is located. Minimum contact
varies on a case-by-case basis given the quality and quantity of
defendant's contacts with the state.
Litigating a case on one's own behalf
without an attorney.
A law adopted by the legislature.
The time limit setting the maximum period
of time, after certain events, that a plaintiff may file a lawsuit.
Once the statute tolls, the time period to file an action expires and
the plaintiff is barred from filing any action.
The proper geographical areas (county,
city, or district) I which a court with jurisdiction over the subject
matter may hear a case.
A person who testifies to what he or she
has seen, heard or otherwise observed or testifies to his or her
opinion based on a hypothetical statement.
Do I have a case that's worth my time and effort?
To be successful in any court you must have at least one valid legal ground and admissible evidence to support your side. Only a handful of states allows you to request a jury trial so you will likely be standing before a judge who will be looking at the legal issue and not the emotional drama behind the scenes.
- Breach of Contract. The first thing to do is read the
agreement or contract carefully. Did the Airline violate the contract
in any way? Read the fine print on your ticket and read the airline's
General Conditions of Carriage. Did the airline make representations to
you that are not referenced in the printed terms and conditions? Are
they written anywhere else on the contract? In most cases a verbal
promise is difficult to prove and may not be binding as most contracts
have a clause which states that the printed terms and conditions
constitute the "entire agreement between the Buyer and Seller and no
other promises or representations of any kind are binding on the
Seller. In a Breach of Contract claim a clear-cut violation of the
contract is the strongest case.
- Statutory Violation.The airline may violate a statute whether federal or state. When a statute has been violated, particularly strict liability statutes, the airline will have no leg to stand on. The violation of a statute will be the best cause you have. Go to Federal Trade Commission, State Laws and Department of Transportation website for a review of the most common laws that are broken that will help you in Small Claims Court. All judges like cases with clear-cut legal points that make the decision easy.
Before you file any case you must decide if it will be worth your time and effort. In Small Claims Court you are the client, the attorney, and the investigator rolled into one. You may have to file in another city or state. So the time and expense in traveling will be a factor. You will have to do legal research to find the applicable caselaw. You will have to gather all relevant documents and find supporting witnesses when appropriate. You will have to prepare your oral arguments for the judge and be able, if allowed in the jurisdiction, to examine and cross-examine witnesses and the defendant.
