Ads
related to: sample cause of action complaint examples
Search results
Results from the WOW.Com Content Network
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 ...
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2] Under the Federal Rules, a plaintiff's complaint merely needs to contain a short and plain statement of their cause of action. [2] All additional information in regards to the cause of action are handled through discovery. [2]
contracts that exclude class action arbitration: Supreme Court of the United States: 2011 Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit: SLUSA preempting state law class action claims: Supreme Court of the United States: 2006 West v. Randall: required parties to class action: United States Court of Appeals for the First Circuit
For example, the Constitution of Oregon requires that the guilty verdict of a first-degree murder must be unanimous. In State v. Zweigart , 344 Or. 619 (Or. 2008), the Oregon Supreme Court held that "a jury must agree, not only that a defendant is guilty of a crime, but also on all the facts material to prove the crime ."
In order for such a duty to exist, the injury to the claimant must be "reasonably foreseeable", [4] meaning, for example, that the type of employment must be one in which an unfit employee could cause harm of the type which occurred, [3] and the claimant is the type of person to whom such harm would be a "reasonably foreseeable consequence". [5]
Ads
related to: sample cause of action complaint examples