I know the amount of money being sued for is what seperates Civil and small claims,thats not my question.
My question is; If i took someone to court for name slander/Defamation would this type of suit be consider Civil or small claims.Someone help me understand.
2006-11-04 23:34:50 · 6 answers · asked by chadworkz 1 in Politics & Government ➔ Law & Ethics
you just said it. the amount you are seeking will decide that, relative to how much damage was done.
2006-11-04 23:43:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Small claims is a type of civil action. The main differences between a civil action in small claims as opposed to "regular" civil court are: (1) no jury; (2) less formal rules fo evidence and procedure; and (3) very limited right to appeal. The types of cases heard in small claims are typically based on the amount of money involved.
Libel and slander are types of defamation. While I am aware of at least one case here in California of someone winning a defamation case in small claims court, it is normally difficult to prove such a case without discovery and expert witnesses. You have to prove your reputation was harmed and the value of the harm to your reputation.
Most attorneys will give a complimentary consultation on new matters, so contact a local attorney for more information.
2006-11-05 08:12:12 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Small claims is a civil action. It hears only cases that have a specific amount in question, not cases in which damages are being asked for that are not definite. The amount in question has to be under the jurisdiction's limit for small claims.
Slander/defamation would rarely be appropriate for small claims, since you have to prove that you have a reputation in the community and that that reputation has been harmed in a financial way. It's not like a bounced check or unpaid bill.
2006-11-05 07:44:37 · answer #3 · answered by thylawyer 7 · 0⤊ 0⤋
Small Claims is for small amounts of money, and just money.
Civil courts are for other actions. In a slander case such as you propose, you may want or then just the money. If something has been printed that you need a retraction of, the judge can order that done.
2006-11-05 07:43:39 · answer #4 · answered by Scott E 3 · 0⤊ 0⤋
This has to be civil court. Small claims court (that is a civil court as well) clearly does not handle issues of slander or associated issues.
2006-11-05 07:47:30 · answer #5 · answered by Anonymous · 0⤊ 1⤋
civil
2006-11-05 07:36:44 · answer #6 · answered by katty_ferguson 2 · 0⤊ 0⤋