Article: Legal capacity is defined by each state. Generally, in order to file a lawsuit, a person must be over 18 years of age and in good mental health. If you are under 18, you will need a guardian to participate in the lawsuit. If you are judged to be mentally incompetent because of age, disability or illness, you will need a guardian, trustee or executor to participate in a lawsuit. The requirements for standing are established by each state. Generally, to sue in state court a person must have been injured, or will be directly injured or harmed. There must also be a way to redress or compensate for the injury. For example, if a person or entity caused you physical harm, didn't hold up their end of a contract, or didn't pay you what you were owed then you may have legal standing to sue. The court in which you file must have subject matter jurisdiction, or the legal jurisdiction to hear the type of case you are filing. Most cases will be filed in the state where you live. Federal courts hear specific types of cases, including the following: Cases that arise under federal law, such as those concerning federal civil rights statutes, patent laws, antitrust laws, federal tax claims, or constitutional issues. Cases in which the plaintiff is suing a defendant who is a citizen of a different state or country for an amount over $75,000. If you are unsure whether to file in state or federal court, or which state to file the suit in, talk to an attorney. Venue refers to the county or judicial district within a state where the lawsuit must be filed. Sometimes, multiple courts meet the venue requirements for a case. These requirements are: The court is located in the county in which the defendant resides or does business. The court is located in the county in which the harmful actions occurred. The court is located in the county in which a violated contract was signed or was to be carried out. In cases in which multiple venues are appropriate, choose the one that is most convenient to both you and the defendant, or talk with your attorney about which one they think would be best. Every state has a time period by which a person must file a lawsuit. This is referred to as the statute of limitations. Different types of case have different statute of limitations. For example, in Alabama you have two years from the date of injury to file a lawsuit for personal injury but six years to file a case regarding property damage. For a list of state specific statutes of limitation visit: http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html.
What is a summary of what this article is about?
Make sure you have legal capacity to sue. Make sure you have legal standing to sue. Decide in what court to file your lawsuit. Find the right venue. Make sure you still have time to sue.