Laws of Claim
In common man’s language, the word ‘claim’ refers to a demand or request for something that is considered to be the person’s due. In legal terms, claim basically refers to a demand for relief or a demand for compensation. When a person infringes upon another person’s belongings, it is the latter’s right to claim for compensation or for his her right on the belongings.
Understanding the process on a whole is fairly simple. The victim or the plaintiff files a motion against the defendant. The next step would be proving liability and damages. If the charges against the accused can be proved to a substantial extent in front of the court and the judicial services, the defendant will be declared guilty. Thereafter, the plaintiff will ask for compensation for his or her losses. This is the claim that he or she will make. The plaintiff needs to be represented in court by a counsel to present the best options and to fight the case.
This whole procedure is aptly governed by the judicial system. Once a motion for liability and claims has been filed, the matter is taken up to a court, in front of a judicial judge to confirm the likeness of the court to deal with the matter in detail. Here, the plaintiff files a motion and fights to provide enough information about the damages the defendant has caused to the plaintiff. On the other hand, the defendant if the learned judge is satisfied that the case might have enough substance to be argued in front of a jury, the motion is passed. Else, it is denied.
Amazon Price: Buy Now
(price as of Jul 22, 2015)
Now, once the motion is passed by the judge, it is tried and argued in front of a jury. This is a group of people selected from different sectors, who are expected to be unbiased and just in their decision making. The case continues till the jury reaches a verdict, declaring the defendant either guilty or innocent. The claim of the plaintiff is stated in a legal document which is known as a Complaint, according to the US judicial system. It can be any means of communication notifying the accused of the compensation that the plaintiff seeks. These claims are more often than not in the form of financial aid that the defendant must reimburse.
Once the judgment is passed and the claim is demanded, if either of the two parties involved do not agree to the judgment and believe that a judicial error has been made during the process of the trial, an appeal is made. This is to ensure that the claim satisfies both the plaintiff and the defendant and that no further issues can be brought to the court about the same.
These compensatory claims can come in different forms. Most often, the guilty is charged with an amount of fine that needs to be paid. Sometimes, it also involves obtaining custody, or compensation in the form of property and the likes. The American judicial system, tries its level best to be fair in the judgment calls and in the declaration of claims.