Cause of action

From Wikipedia, the free encyclopedia

Jump to: navigation, search

This article needs additional citations for verification. Please help
improve this article by adding citations to reliable sources. Unsourced
material may be challenged and removed. (September 2014) (Learn how and
when to remove this template message)

Civil procedure
in the United States

Federal Rules of Civil Procedure

Doctrines of civil procedure

Jurisdiction

Subject-matter

(Federal-question
Diversity
o

o
o
o
o

Supplemental
Removal)

Personal
(In personam
In rem
Quasi in rem)
Venue

Change of venue
Forum non conveniens

Pleadings

Complaint

(Cause of action
Case Information Statement

o
o

Class action (2005 Act) )

Demurrer

Answer (affirmative defense)

Reply
Counterclaim

Crossclaim

Joinder
Indispensable party

Impleader

Interpleader

Intervention

Other motions
Pre-trial procedure

Discovery

Initial conference

Interrogatories

Depositions

Request for admissions

Request for production

Resolution without trial

Default judgment

Summary judgment

Voluntary dismissal

Involuntary dismissal

Settlement
Trial

Parties
plaintiff

defendant

Pro se
Jury (voir dire)

Burden of proof

Judgment

(As a matter of law (JMOL)

Renewed JMOL

Notwithstanding verdict (JNOV)

o
o

Motion to set aside

De novo (new trial) )

Remedy

(Injunction
Damages

o
o

Attorney's fee (American rule

o
o

English rule)

Declaratory judgment)

Appeal

Mandamus

Certiorari

In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain
money, property, or the enforcement of a right against another party.[1] The term also
refers to the legal theory upon which a plaintiff brings suit (such as breach of contract,
battery, or false imprisonment). The legal document which carries a claim is often
called a Statement of Claim in English law, or a Complaint in U.S. federal practice
and in many U.S. states. It can be any communication notifying the party to whom it is

addressed of an alleged fault which resulted in damages, often expressed in amount of

money the receiving party should pay/reimburse.
To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the
pleading that initiates a lawsuit. A cause of action generally encompasses both the legal
theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a
court is asked to grant). Often the facts or circumstances that entitle a person to seek
judicial relief may create multiple causes of action. Although it is fairly straightforward
to file a Statement of Claim in most jurisdictions, if it is not done properly, then the
filing party may lose his case due to simple technicalities.
There are a number of specific causes of action, including: contract-based actions;
statutory causes of action; torts such as assault, battery, invasion of privacy, fraud,
slander, negligence, intentional infliction of emotional distress; and suits in equity such
as unjust enrichment and quantum meruit.
The points a plaintiff must prove to win a given type of case are called the "elements" of
that cause of action. For example, for a claim of negligence, the elements are: the
(existence of a) duty, breach (of that duty), proximate cause (by that breach), and
damages. If a complaint does not allege facts sufficient to support every element of a
claim, the court, upon motion by the opposing party, may dismiss the complaint for
failure to state a claim for which relief can be granted.
The defendant to a cause of action must file an "Answer" to the complaint in which the
claims can be admitted or denied (including denial on the basis of insufficient
information in the complaint to form a response). The answer may also contain
counterclaims in which the "Counterclaim Plaintiff" states its own causes of action.
Finally, the answer may contain affirmative defenses. Most defenses must be raised at
the first possible opportunity either in the answer or by motion or are deemed waived. A
few defenses, in particular a court's lack of subject matter jurisdiction, need not be
pleaded and may be raised at any time.