This page is continued from Getting Started >>>> Civil Law Self-Help:
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1. Which type(s) of Action(s)
caused the Injuries and/or Losses?
Depending on your circumstances, click on one of the following terms: the rest is explained inside each link.
tort – a wrongful act, other than a breach of contract, which causes a private injury which may be pursued by the injured party.
breach of contract – violation of a contractual obligation by failing to perform one’s own promise, by repudiating it, or by interfering with another party’s performance.
2. Which type(s) of Injuries
and/or Loss(es) were Suffered?
injury – includes physical wounding of one’s person (a physical injury to the body) or a non-physical injury (i.e. the violation of a legal right).
loss – the decrease or total diminishing in value of property, usually in an unexpected or relatively unpredictable way, or the act of losing something that is gone and cannot be recovered, such as a life or friendship, etc.
3. Which Type(s) of Redress
will You Be Seeking from the Courts?
Now that you know whether you’re facing a tort or breach of contract case, and you know which type of tort or breach of contract occurred, as well as which type of injuries and/or losses were suffered, it is time to think about whether you’re seeking damages (money) and/or an injunction in order to help remedy the situation. Click the following in order to assess the damages and read through the various types of injunctions which may be requested from the courts:
damages– how much money do you need in order to recover from the losses and/or injuries you sustained?
injunction – a court order commanding an action to be done, or preventing an action from being done an “Equitable Remedy” that the plaintiff has shown to be necessary for preventing (further) injury.
4. Determine which type of Action(s)
and which type of Claim(s) you’ll be Filing:
civil action – an action brought to enforce, redress, or protect a private or civil right; a noncriminal litigation.
claim – a legal demand, by a person wanting compensation, payment, or reimbursement, for a loss or injury caused by a breach of contract or a tort.
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If Necessary, Provide Notice:
One last step before filing a claim is to make sure you’ve provided notice if necessary; providing “due notice” is an essential component in assuring that those you are filing against are provided with due process (see adjective law to learn more). Providing notice to all parties involved ensures that they:
(1) have actual knowledge of it;
(2) have received information about it;
(3) have reason to know about it;
(4) know about a related fact; or
(5) are considered as having been able to ascertain it by checking an official filing or recording.
Filing A Claim:
This section is in the making.
Once you’ve gone through each of the above links and followed the steps within them, you’re ready to learn the:
Federal Rules of Civil Procedure
(Self-Help Walk-Through)
And: