How to Win a Civil Lawsuit

To win a suit for fraud, you must show that you were truly deceived by the misrepresentations
given and that you reasonably relied on the statement or act to your detriment. In other words,
your reliance on the action or statement affected your course of action. And you suffered harm
because of the misrepresentation.
Though this is the basis for an action for fraud, there is an exception. Exaggerated claims, "sales
talk," (e.g., the car salesmen trumpets) or "puffing" are not usually considered fraudulent since
the courts view them as statements of opinion, not statements of facts. Half-truths that are
misleading are grounds for action for fraudulent misrepresentation.
You must also show that the person making the statement knew it was an outright lie. This
element may be a major hurdle to prove because dishonest people are very skillful and ingenious
at disguising their statements, knowing the "fine line" to avoid legal trouble or face any scrutiny.
A civil lawsuit is a lawsuit one person files against another for some wrong they have committed.
Civil wrongs are not crimes, but one who commits a civil wrong might be sued for damages. If
someone has committed a civil wrong (called a tort) that has damaged you in some way (cost
you money) this article will tell you how to win your civil lawsuit.
Steps
1. Determine what causes of action you may have. If you are suing someone, you will
need to have at least one cause of action. A cause of action is a legal reason to sue
another. Common causes of action include:
o

Breach of Contract. Breach of contract is a cause of action available to those who

have entered into a contract, performed their part of the contract, and cannot get
the other party to perform his or hers.

Fraudulent Misrepresentation. Misrepresentation in general is a legal term that

means "a false statement of fact that has the effect of inducing someone into a
contract." For example, telling someone a stereo is "practically new" so that they
buy it, when it is in fact 5 years old and heavily used. Fraudulent misrepresentation
is one of the three recognized varieties of misrepresentations in contract law.
Basically, it means that you not only lied or misrepresented something about a
transaction, but that you did it on purpose, in order to trick the other party.
Therefore, it is the most serious of all the types of misrepresentation and has the
worst penalties.

Look up the elements of your cause of action. Any cause of action has
elements, or pieces that must all be present in order to win your case. You can find
the elements of any cause of action by doing a simple search for elements of YOUR
CAUSE OF ACTION. For example, if you want to sue someone for breach of
contract, run a search for elements of breach of contract. Some examples of
elements of different torts.

Breach of contract. In order to win a case for breach of contract, you must prove
that there was a contract, that you performed your obligations under the contract,
that the other party has not substantially performed his or her obligations under the

contract. So for example, if you hire someone to paint a room in your house and you
both sign a contract saying that you will pay the painter $250 and that he or she will
paint your room grey, (there is a contract). You pay the $250 (you performed your
obligations) and the painter only paints the room (the painter did not
substantially perform his or her obligations), you have a good case for breach of
contract.

What Constitutes Fraudulent Misrepresentation?

There are six elements that must be satisfied:
1. Someone must make a false representation.
2. The misrepresentation is "material to the transaction," which means it must
be in regards to the transaction at hand (i.e. if you are selling a bracelet and
lie about something completely unrelated, like having a house in the
Hamptons, the buyer can't sue you for fradulent misrepresentation.)
3. The misrepresentation is made with knowledge that is false, OR with reckless
disregard as to whether or not it's true. Either you have to know you are
lying, or be saying something that you are not technically sure is a lie, but
you have no reason to believe it's true. (i.e. if the seller found the bracelet on
the street, he cannot tell the buyer that Brad Pitt used to own it, even if that
is technically possible.)
4. The misrepresentation is made with the intention of inducing the other party
to act or to refrain from acting. Basically, you must be intentionally trying to
affect your transaction with your lie.
5. The other party has to rely on the lie (the buyer cannot sue you for lying
about the bracelet if he doesn't buy it).
6. The lie must also proximately cause the other party to suffer damages. This
means the buyer must be actually harmed by the final transaction. If the
seller lies and says the bracelet is made of plastic, when it's actually made of
gold, the Buyer probably can't sue (and why would he?)

It should be noted, however, that the representation need not be in the form of a
positive assertion. It can be anything that is designed to deceive the other party,
even including simple gestures, innuendos, half-truths, or even silence.

Remedies for Fradulent Misrepresentation

Misrepresentations are civil offenses, meaning you can only sue for them in civil
court (the criminal equivalent of this offense is called "false pretenses"). The
general remedy in civil court for all types of misrepresentations is that of rescission.
This means the court will act like the transaction or contract never existed, and
everyone goes back to the way they were.

Example: You sell someone a stereo for $50 telling them that it is fully functional
(which you think is true), and it turns out to be broken. The deal is rescinded; the
buyer returns the stereo, and you return the money.
However, fradulent misrepresentation requires intent on the part of the perpetrator,
so it is considered more serious than the other two types of misrepresentation
(Innocent and Negligent). Therefore the court also allows damages, meaning you
have to pay for any losses suffered by the buyer for relying on your lie. This is true
even if the losses suffered by the seller were completely unforeseeable.
Example: You sell someone a stereo for $50 telling them that it is fully functional,
when you know that it is actually totally broken. The buyer, who is a professional DJ,
now cannot perform his job, and is fired. Because you knew the stereo was broken,
the court can require you to pay back the DJ for the loss of his job.

Collect evidence to prove each element of the tort. Any evidence that you
can gather that proves each element of your cause of action will help you win your
case. Evidence may include documents, photographs, or testimony from witnesses.
When collecting evidence keep in mind:

If you need evidence that the other party has but will not give to you, you can send
a request for production in order to force them to hand it over. A sample
interrogatory is provided by the Philadelphia Courts here.

If you intend to use a document produced by someone else, a medical record for
example, you will need to have that document certified. To certify a document,
someone who works at the place that created the document must sign an affidavit
stating that the document is a true and correct copy of the original. An example of a
certification form can be found on U.S. Legals Records Custodian webpage.

If you need evidence from a 3rd party, who refused to hand it over, you may send a
request for production, however you may need the Courts permission to serve a
request for production on a 3rd party. Check your states Rules of Civil Procedure to
determine if you need the Courts permission first. To find the rules for your state,
run a search for YOUR STATE rules of procedure. A form for Requests for
Production can be found at Miller & Zois, LLC

If you want to use photographs as evidence, you will need the photographer to
testify that the photographs are a true and accurate representation of the subject. If
your case is in small claims Court, an affidavit from the photographer is adequate.

Prepare for your hearing. Some things that you can do to ensure that your
hearing goes well include:

Organize your evidence. You will need two (2) copies of any document or
photograph that you intend to submit as evidence. One copy is for you, one for the
other party, and the original is for the Judge.

Write down your questions for each witness. This will help ensure that you get the
exact testimony that you want from each witness.

Choose your clothing carefully. Men should wear a suit and tie, no cologne, and no
jewelry. Ladies should wear a long skirt or dress, a blouse that is high cut, no
perfume, very little jewelry, and very little make-up.

Attend your hearing. Be sure that you are on time and follow the rules. Some
Courtroom etiquette includes:

Prepare a trial notebook. During your trial, you'll probably give your own testimony,
question witnesses (both those who support you and those who support your
opponent), and present arguments about why you should win the case. To keep
track of the questions you want to ask, the points you want to make in your
argument, and the facts you have to prove to win the case, put together a trial
notebook.

Be respectful. A little respect goes a long way in the courtroom, particularly when
you are representing yourself. Address the judge as "your honor," not as "Judge
Smith" or "Mr. Smith." Try your best to be polite to your opponent, not demeaning or
petty. Showing respect for people and procedures in the courtroom will help you
gain the respect of the judge, which will make your day in court a more pleasant
experience.

Don't interrupt. It can be tough to sit quietly while your opponent, your opponent's
lawyer, or -- worst of all -- the judge makes light of your arguments or implies that
you aren't telling the truth. But no matter how frustrated you get, you shouldn't
interrupt -- especially not the judge. You'll get a chance to tell your side of the story.

Addressing the opposing party and any witnesses as Sir or Maam

Assert yourself. If you find yourself up against a lawyer who won't stop rattling off
legal citations or won't let you get a word in edgewise, you'll have to stand up for
yourself. Tell the judge that you are representing yourself without a lawyer because
you can't afford or justify the expense, and that you'll rely on the judge to apply the
correct law and reach the right conclusions. Many judges will make an effort to keep
the proceedings comprehensible to a self-represented party -- and will take steps to
rein in an opposing lawyer who tries to take unfair advantage.