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Mandamus. Certiorari. v. t. e. A Case Information Statement (or Cover Sheet) is a document which is filed with a court clerk at the commencement of a civil lawsuit in many of the court systems of the United States. It is generally filed along with the complaint. Some states use similar documents for criminal cases as well.
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment ).
Order to show cause. 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]
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), was a case decided by the United States Supreme Court. Written by Associate Justice William Rehnquist, the decision of the Court held that a party moving for summary judgment need show only that the opposing party lacks evidence sufficient to support its case. A broader version of that doctrine was ...
Motion (legal) In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. [1] It is a request to the judge (or judges) to make a decision about the case. [1] Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court ...
For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. "While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more ...