Tips on Proving Different Types of Cases

In order to prove your case in District Court, you must be prepared to show how certain legal elements. How you prepare to prove your side of the case will depend on whether:

• you are the plaintiff (person who filed the case) or
• the defendant (person who was filed against).

There are many types of cases in District Court. For each type of case, it is critical that you organize your case around certain legal elements needed to prove that type of case.

There are two important legal concepts that cover many of the cases in District Court. (This does not over all cases.) See the examples of specific case types below for more details (Contracts and Negligence).

Contracts – A contract can be written or oral. A contract is an agreement when one side agrees to do something for the other side in exchange for something in return. For example, you agree to give a friend $450 if she will paint your bedroom with paint that you select.

In order to be a contract, your agreement must have certain legal elements.

• Intent - You and the other side must both intend to make an agreement between you. For example, a gift is not a contract. If the other side did not agree to do anything in return for the item, it is a gift. If your friend offers to paint your bedroom and you do not promise anything in return, it is not a contract.
• Performance - You must show that you did everything that you were obligated to do under the agreement. For example, you selected the paint and paid the $450.
• “Breach” – This means that you must show that the other side did not fulfill their side of the agreement. For example, your friend took the money and painted only the closet door.
• Damages – You must show that you have an actual financial loss. For example, you paid the $450 and did not get the service for which you paid. (And you had to hire someone else to paint the room!)

What if I do not have my agreement in writing; can I still enforce a contract?
Yes – if your agreement meets that same contract standards described above. In addition, in order for you to be able to enforce a contract dealing with the sale of goods in court, your oral agreement must also be:

• under $500 (MD Code –Title 2, Commercial Law §2-201(1)) and
• enforced within one year of the agreement (MD Code –Title 5, Courts and Judicial Proceedings §5-901(3))

If your agreement was for $500 or more, look at the exceptions to see if you might still be able to enforce your agreement.

Negligence – Negligence is a complicated legal concept. However, at the most basic level, negligence is (1) when one person is careless and that carelessness harms another person; or (2) the carelessness of one person harms the property of another person.

Like contracts, there are certain legal elements that you must prove in order to show negligence. For example, when you went to the corner grocery store, a box of jam jars fell in the aisle when you walked by and you fell. You sprained your ankle and the jam from the broken jars stained your good coat.

• Duty – You must show that the other side had a legal obligation to be careful. For example, the store was open to the public and therefore the owner had a legal obligation to make sure that the aisle of the store were safe for you to walk and select your merchandise.
• Careless Behavior – You must show that the defendant acted unreasonably and was careless. For example, the box of jam jars was not secured on the shelf.  The defendant should have checked on the work of his employees before the store opened for business.
• Demonstrated link between the action and the harm – You then need to show that the it was the defendant’s action (or inaction) that caused you harm. For example, if you had moved the box of jam to a higher shelf in order to find a box of grits, it may be hard to prove that it was the defendant’s action that caused your harm.
• Damages – Finally you must show that you suffered one or more of the following: an injury to you, a financial loss, property damage, or possibly even psychological stress or harm. For example, you might be able to prove (1) that your $130 coat was stained and you were not able to remove the stain, (2) you had to pay for crutches, lost a day from work and had to pay a $250 medical bill and (3) you now are afraid to walk into supermarkets.