Answer

Hello,

My name is XXX XXX I am a JA attorney. I'll be answering your question today.

Your problem falls under small court. Let me explain:

Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).

You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.

It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: breach of contract and assumpsit. You should also ask for something called a "Declaratory Judgment," where if the judge decides that some elements are not enough, the Court can still decide who is correct in the matter practically.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.

If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.

In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation.

Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial).

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Expert:	Eli
Pos. Feedback:	98.9 %
Accepts:	2778
Answered:	9/18/2009

Attorney and Counselor at Law

Specializing in areas of immigration, family law, personal injury, and small business consultation.