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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).
"Frivolous" and "vexatious" generally mean different things, however both are typically grouped together as they relate to the same basic concept of a claim or complaint (or a series of many) not being brought in good faith: A "frivolous" claim or complaint is one that has no serious purpose or value. Often a frivolous claim is one about a ...
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.
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 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 ...
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.
In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A party can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse.