Cause of action

From Wikipedia, the free encyclopedia

It has been suggested that this article or section be merged with Claim (legal). (Discuss)

This article does not cite any references or sources. (January 2008) Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed.

Civil Procedure in the U.S.
Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject-matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue Forum non conveniens Pleadings and motions Service of process Complaint Cause of action Case Information Statement Class action Class Action Fairness Act of 2005 Demurrer Answer Affirmative defense Reply Counterclaim Cross-claim Joinder Impleader Interpleader Intervention Pre-trial procedure Discovery Interrogatories Depositions Resolution Without Trial Default judgment Summary judgment Voluntary dismissal Involuntary dismissal Settlement Trial Parties Plaintiff Defendant Jury Voir dire Burden of proof Judgment Judgment as a matter of law (JMOL) Renewed JMOL (JNOV) Motion to set aside judgment New trial Remedy Injunction Damages Attorney's fees American rule English rule Declaratory judgment Appeal Mandamus Certiorari
view/edit this template

In the law, a cause of action (sometimes called a claim) is a set of facts sufficient to justify a right to sue. The phrase may refer to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment).

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.

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, denied, or insufficient information 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 plead and may be raised at any time.

[edit] See also

• Form of action