Home Civil Law Quick Guide to Small Claims Court

Quick Guide to Small Claims Court

Quick Guide to Small Claims Court

What is Small Claims Court?
Small Claims Court is a legal institution before which cases classified under the jurisdiction of civil law are brought with the intention of undergoing judicial review and the subsequent provision of a verdict. A jurisdictional Small Claims Court will share in the assumed and undertaken legal statutes and statutory regulations applicable to a particular locale; however, in contrast to other types of court or judicial settings, the following procedural differences exist:

The plaintiff is named as the accusing party responsible for the filing of a lawsuit against another party:
Within the realm of Small Claims Court, litigation does not exist – as a result, the plaintiff is responsible to represent themselves
The plaintiff may not appeal the final verdict in the event that the presiding judge has ruled in favor of the defendant; the plaintiff may only propose a ‘motion to reconsider’ with regard to the verdict imposed within Small Claims Court 

The is named as the party accused against whom legal action is filedwithin a judicial hearing taking place in Small Claims Court:
The absence of litigation within Small Claims Court mandates that defendants represent themselves within the process of judicial review
In the event that the presiding judge rules in favor of the defendant, only the defendant will be able to appeal the ruling

Small Claims Court Justice
A justice – or judge – is the judicial officer presiding over judicial activitywith regard to court hearings taking place within the realm of Small Claims Court:
A Small claims Court Judge is responsible to ensure that the protocol of innate procedural legality is maintained and authorized
The presiding judge of Small Claims Court will be the recipient of all accounts and come to a decision solely based on their respective discretion

Which Cases Can Be Heard in Small Claims Court?

Within the setting of Small claims Court, charges must be accompanied with overwhelming evidence concerning the illustration and recounting of the pertinent details of the event in question. In many cases, the burden of proof implicit within lawsuits brought before a Small Claims Courtwill be required to surpass the standard protocol – ‘beyond a reasonable doubt’, which is a legal parameter inherent in traditional lawsuits. Typical cases typically brought before aSmall Claims Courtmay include the following:
Cases in which expectation of financial restitution, which includes settlements and damage, does not exceed $5,000
Cases that are considered to include nonviolent events, accidents, damage, undue harm in the form of torts – within a Small Claims Court, torts are defined as wrongs suffered by one or more individual at the hands of another individual or group of people
Negligence resulting in the suffering one individual at the hands of another individual, typically arising from negligence in lieu of malicious intent
Malicious Intent resulting in the suffering of one individual at the hands of another individual, typically arising from purposeful acting
Liability and the assessment of responsibility with regard to not only the damage sustain, but the nature of the damage, as well as the naming of a responsible party