Dictionary of Law
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cause of action :: legal definition


Cause of action - n. the basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the "elements" required by statute. Examples: to have a cause of action for breach of contract there must have been an offer of acceptance; for a tort (civil wrong) there must have been negligence or intentional wrongdoing and failure to perform; for libel there must have been an untruth published which is particularly harmful; and in all cases there must be a connection between the acts of the defendant and damages. In many lawsuits there are several causes of action stated separately, such as fraud, breach of contract, and debt, or negligence and intentional destruction of property.

See also: element lawsuit and Related Law Terms ↓


Related Law Terms

acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer
accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach).
action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.