TABLE OF CONTENTS

What Are Small Claims Courts?

Making A Good Faith Effort

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

A lawsuit or proceeding in a court of law.

BREACH

A violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification.

ADMISSIBLE EVIDENCE

Evidence that can be legally and properly introduced in court.

AFFIANT

Person who makes and signs an affidavit or declaration.

AFFIDAVIT

A written statement of facts under oath, by a party. Can also be referred to as a declaration.

AFFIRMATIVE DEFENSE

Defendant provides an excuse to escape responsibility without denying plaintiff's claim.

AGREEMENT

The mutual consent, whether written or verbal, of two or more contracting parties to the same terms through a meeting of the minds.

ALLEGATIONS

A statement of the issues in a pleading that a person intends to prove in court.

AMENDMENT

Making a change in the complaint, answer or countercomplaint.

CASE LAW

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.

COMPLAINT

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.

CONTRACT

A legally enforceable agreement between two or more competent parties signifying a meeting of the minds either orally or in writing.

CORPORATION

A legal entity created under state law most commonly intended to be in business.

CROSS EXAMINATION

The examination of a witness who has already testified in order to test, discredit or impeach the witness's testimony, knowledge, or credibility.

DAMAGES

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.

DIRECT EXAMINATION

The first questioning of a witness by the party on whose behalf they are called.

DEFENDANT

The person(s) or other entity against which a claim is filed.

DISMISSAL

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.

FRAUD

Intentional deception to deprive another person of property or to injure that person in some other way through misrepresentation.

JUDGMENT

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.

JURISDICTION

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.

EVIDENCE

A fact presented before a court such as a witness' statement, a tangible object, etc that relates to or establishes a fact in contention.

GENERAL CONDITION OF CARRIAGE

A contract between the air carrier and the passenger specifying obligations, rights, warranties and disclaimers between the parties.

HEARING

A legal proceeding at which arguments and evidence may be presented on the matter at issue to be decided by the presiding judge.

ISSUE

The disputed point of contention between the parties of the action. To send out officially, such as to issue an order.

INJURY

A violation of a legally protected interest for which the law allows an action for legal or equitable relief.

MINIMUM CONTACTS

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.

PARTY

A person, business, organization or government agency actively involved in the prosecution or defense of a legal proceeding.

PERSONAL JURISDICTION

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.

PRO SE/IN PROPRIA PERSONA

Litigating a case on one's own behalf without an attorney.

STATUTE

A law adopted by the legislature.

STATUTE OF LIMITATIONS

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.

VENUE

The proper geographical areas (county, city, or district) I which a court with jurisdiction over the subject matter may hear a case.

WITNESS

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.

I have my defendant. Where should I sue?

As with real estate, filing a claim is all about location, location, location. There are many factors to consider when choosing the location, referred to as the venue, to file the action. You want a venue that is:

• Convenient forum for your purposes-usually this would be close to home.
• Favorable court rules. Such rules may include the court allowing attorneys or appeals.
• Provides a maximum limit that allows you to receive the full amount of damages and recoup your legal expenses. If your damages are $10,000 and your legal costs are $200 you don't want to file in a court that only allows $5,000 in damages unless there are mitigating circumstances, such as litigating in another forum would be so cost prohibitive and labor intensive that to successfully win your case would be nothing more than a pyrrhic victory.

A Small Claims Court usually covers a small area referred to as a judicial district. It may cover all or part of a city or an entire county. There are three primary locations you can choose to sue a defendant airline: 1) Sue an airline where the ticket was purchased, 2) Where the injury occurred, and 3) Your final destination. You may also sue a defendant in a judicial district where the company maintains its headquarters or conducts substantial business.

Again keep in mind that although you may be able to sue the airline in a certain state, it does not mean you have the ability to sue an individual who resides outside the state if the individual refuses to accept service to be sued and has no prior contact with the state where you want to bring your action.

If all this information is confusing, a good rule of thumb is to sue where it is convenient for you. If the venue is inconvenient for the airline all the better as it may be the motivation necessary to settle rather than incur the expense of travel to your area as well as mounting attorney fees. Worst-case scenario, the judge will dismiss your claim as having an improper venue. You are out up to $50 and will still be free to sue in a more appropriate district. You have not waived your right to sue the defendant. In most cases, however, there will be sufficient justification for you to sue in your local district.

If you are suing an individual these rules do not apply. You must file suit where the defendant lives or the event causing the litigation occurred. For example, if you were involved in an auto accident with a tourist you can sue the tourist where the event occurred. But if you are suing the owner of a business as an individual, who lives in another state, you have to file in that state unless you are able to prove the individual has some connection to the state. For example, he has a summer home in that state.

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