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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 ...
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).
Superior Court [31] the court used the "reasonable likelihood of prejudice standard" to grant a mandamus petition and order a change of venue in a murder prosecution. The court emphasized extensive publicity over the course of a year prior to the trial, the small size of the county where the trial was to be held, and the gravity of the charge.
The implication is that the claim has not been brought in good faith because it clearly has no reasonable prospect of success and/or is not significant enough to warrant its mention. [ 1 ] A "vexatious" claim or complaint is one being pressed specifically to cause harassment, annoyance, frustration, worry, or even bring financial cost (such as ...
Filing an answer "joins the cause" and moves the case into the pre-trial phase. Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a ...
Reasonable care [6] Reasonable cause [5] or reasonable and probable cause [7] Reasonable and competent support [5] Reasonable creature [5] Reasonable danger [5] Reasonable diligence [8] Reasonable doubt; Reasonable expectation [5] (Legitimate expectation is sometimes called reasonable expectation.) [9] Reasonable facilities [5] [7] Reasonable ...
Filing a claim that is ultimately deemed frivolous can be highly damaging to the attorney so filing. Most frivolous lawsuits that are successful are filed without an attorney. Attorney Daniel Evans writes: [W]hen a judge calls an argument "ridiculous" or "frivolous," it is absolutely the worst thing the judge could say.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [ 1 ]
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