Several types of civil cases can be filed in courts, including equitable claims, breach of contract, and landlord/tenant disputes. Monetary damages often accompany these types of claims. Equitable claims usually include a request for a temporary restraining order or injunction, which may not require the payment of monetary damages. For instance, a landlord may try to evict a tenant. In response, the tenant might file a suit for the return of a security deposit.
Equitable claims
A civil legal matter Honolulu, HI is usually escalated into a lawsuit. If you’re in a lawsuit and your opponent can’t provide the damages you want, you may be able to make an equitable claim. This type of claim is similar to a tort lawsuit but involves a court order. The key issue in an equitable lawsuit is fairness. In some instances, such as a debt repayment dispute, a plaintiff can seek “equitable indemnity” from a defendant who unjustly enriched them. These claims typically arise in construction defect lawsuits involving multiple insurance companies and subcontractors.
While legal and equitable claims may be valid, not every plaintiff will pursue them. Not all plaintiffs want to receive money. Some may wish to obtain prompt or stop-action relief from the defendant, which could help them move forward with their lives. For example, an equitable claim can be part of a more significant case filed in federal court. But the distinction between legal and equitable claims may depend on the court you file. For example, if you’re filing a lawsuit in federal court, you might be seeking monetary damages.
Landlord/tenant disputes
A landlord-tenant dispute may start as a simple miscommunication between the two parties. However, the failure to communicate can also lead to civil litigation. If the landlord fails to resolve the dispute, the tenant may take their case to small claims court. Small claims court will deal with disputes between parties that total less than $12,000. Here are some tips to keep in mind while filing a tenant/landlord dispute.
A landlord or tenant may take a dispute to court if they are not satisfied with how the rent is collected. However, it is vital to be on time to avoid losing the case. You must gather all required paperwork, witnesses, and other evidence before your court date. Also, you will need to bring money if you intend to pay the rent to your landlord.
Breach of contract
Breach of contract cases arises when one party does not live up to their end of the bargain. They may have made an oral or written agreement, but either party must fulfill its commitment to the other. For example, a breach of contract can occur when a party fails to deliver a product or service or fails to pay for it. The failure to meet these obligations causes economic loss to the other party. A breach of contract case may be purely legal, or it can be a simple contract that was a matter of convenience.
A lawsuit for breach of contract must be filed in a court with jurisdiction over the parties and the amount of money in controversy. Depending on the state laws, the law of some jurisdictions may be better for the plaintiff. Breach of contract cases may be filed in any state or federal court. A lawyer can determine which court is most appropriate for your particular case. A lawyer will also know the technical aspects of preparing the legal documents necessary for a successful lawsuit.
Class action suits
Class action lawsuits are civil cases used by large groups of people who have suffered some wrong. Often these cases result in a change in environmental conditions, financial practices, or employment practices. While each class case is different, a few common elements make them successful. Here are some examples of class action cases. The first requirement is commonality. Individual class members must allege that they share common causes or claims. Otherwise, they will fail the commonality requirement.
To file a class action suit, a person must be part of many people and have common questions of law. They also must be affected by the same wrongdoing. This means that the plaintiffs in the suit have the same claims and defenses as the class. Typically, the people affected by the defendant’s actions only suffer minimal financial damage and are unaware of the harm they have received. To begin a class-action lawsuit, a plaintiff or class representative must file a Notice of Class Action. This is done by distributing the Notice of Class Action to all those who the defendant’s actions may impact.
