How courts evaluate a legal claim: elements, evidence, and deadlines

Elements of common claims

• Breach of contract: a valid contract, the plaintiff's performance or excuse, the defendant's breach, and resulting damages.
• Negligence: a duty of care, breach of that duty, causation (both actual and proximate), and damages.
• Fraud (misrepresentation): a false statement of material fact, knowledge of falsity, intent to induce reliance, justifiable reliance, and damages.
• Statutory claims: the elements are set by the statute and the cases interpreting it, such as the elements of a retaliation claim under Title VII.

Elements vary by state. Pattern jury instructions published by state courts list elements in plain language and are a useful starting point for research.

Burden and standard of proof

The plaintiff generally bears the burden of proving each element. Most civil claims use the preponderance standard; some issues require clear and convincing evidence; the criminal standard, beyond a reasonable doubt, does not apply to civil cases. The defendant generally bears the burden on affirmative defenses.

Pleading and early dismissal

In federal court, a complaint must contain a short and plain statement of the claim showing entitlement to relief (Fed. R. Civ. P. 8(a)). Under Bell Atlantic Corp. v. Twombly (2007) and Ashcroft v. Iqbal (2009), the facts alleged must make the claim plausible, not merely possible. A defendant can move to dismiss for failure to state a claim (Rule 12(b)(6)). After discovery, a court may grant summary judgment when there is no genuine dispute of material fact (Rule 56). State courts have their own, sometimes different, pleading standards.

Threshold requirements

• Statutes of limitations. Each claim has a filing deadline set by statute; the period, when it starts, and whether it can be paused (tolled) vary by claim and state.
• Jurisdiction and venue. The court must have authority over the subject matter and the parties, and the case must be filed in a proper location.
• Standing. In federal court, a plaintiff must show an injury in fact, caused by the defendant, that a court decision can redress (Lujan v. Defenders of Wildlife (1992)).
• Pre-suit requirements. Some claims require an agency charge, a notice of claim (common for claims against governments), or arbitration under a contract before a lawsuit.

Because limitations periods and pre-suit deadlines depend on facts and the type of claim, confirm any applicable deadline with the court or a licensed attorney before relying on it.

Remedies and costs

Remedies include compensatory damages, and sometimes punitive damages, injunctions, or specific performance. Damages must be proved with reasonable certainty. Under the "American rule," each side usually pays its own attorney's fees unless a statute or contract provides otherwise. Small claims courts handle lower-value disputes with simplified procedures; their dollar limits are set by each state.