What do I need to bring to court for an exempt from Arb. Hearing besides what I sent to the commisioner previously?
Las Vegas, NV |
Out of state pro se. The commiss found in my favor so defense objected and now the judge wants a hearing set for aug 31st. Been trying to find rep to handle but looks like I will be flying out to rep myself
The objection should set forth why the case should not be exempt from arbitration. Frequently, the issue stems from the value of the case. Depending on the type of case you should be prepared to show why the case is valued above $50,000.00 dollars by showing medical and lost wages. If the case is truly a civil rights violation you should also be prepared to support the basis of the cases or the basis that you previously submitted to the commissioner.
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Breach of contract duty
On a breach of contract you need to show that you might be entitled to a sum of $50 K or more would restore the injured party to the economic position they expected from performance of the promise or promises (known as an "expectation measure" or "benefit-of-the-bargain" measure of damages).
Breach of tort duty
Damages in tort are generally awarded to place the claimant in the position that would have been taken had the tort not taken place, in your case it must be in excess of $50k. Damages in tort are quantified under two headings: general damages and special damages.
In personal injury claims, damages for compensation are quantified by reference to the severity of the injuries sustained (see below general damages for more details). In non-personal injury claims, for instance, a claim for professional negligence against solicitors, the measure of damages will be assessed by the loss suffered by the client due to the negligent act or omission. Financial losses are usually simple to quantify but in complex cases which involve loss of pension entitlements and future loss projections, the instructing lawyer will usually employ a specialist expert actuary or accountant to assist with the quantification of the loss.
General damages, sometimes styled hedonic damages, compensate the claimant for the non-monetary aspects of the specific harm suffered. This is usually termed 'pain, suffering and loss of amenity'. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of enjoyment of life, etc. This is not easily quantifiable, and depends on the individual circumstances of the claimant.
General damages are generally awarded only in claims brought by individuals, when they have suffered personal harm. Examples would be personal injury (following the tort of negligence by the defendant), or the tort of defamation.
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