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.
To Be or Not to Be in Small Claims Court
You have sent your Complaint Letter and the airline told you to jump in a lake, or worse, completely ignored you. You find yourself face-to-face with corporate indifference, incompetence, blatant arrogance or other egregious behavior, now it's time to decide whether to pursue your damages in Small Claims or more formal courts.
The good news is that anyone who is at least 18 years or older may file a claim in Small Claims Court. Even non-U.S. citizens can file a claim.
Advantages of Small Claims Court:
- Rules and procedures are simpler, allowing evidence not otherwise admissible.
- You do not need a lawyer and often an attorney is not permitted at the hearing.
- The court is used to handling pro se litigants--people representing themselves.
- The costs to file are low, generally ranging from $10 to $50.
- The court typically hears the cases 10 to 40 days after the defendant is served papers.
- The hearing usually only lasts 10 to 20 minutes.
- The biggest advantage is that the airline will know you are serious. If the airline believes they may lose they will likely settle out of court.
Disadvantages of Small Claims Court:
- The amount of damages you are looking to receive may be more than the limits allowed by the court.
- You may have to travel to another state, county or city where the airline conducts business if you flew an obscure airline outside your home state.
- In some states the airline can counterclaim and request a transfer to a higher court, forcing you to hire an attorney to litigate the claim.
- Some states do not allow appeals so both you and the airline are stuck with the results.
- You must prepare your own case, which can be labor intensive and emotionally draining.
- You are your own attorney so you must remain emotionally detached to articulate the issues clearly to the judge.
- In some states you are on your own to collect the judgment.
