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Encyclopedia > Causes of action

In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. Examples are: breach of contract; torts such as injury, fraud, slander; suits at equity. "Cause of action" encompasses both the legal theory of what legal wrong the plaintiff claims to have suffered, and the remedy, which is what a court is allowed to order the defendant to do to compensate the plaintiff for that wrong.


The points a plaintiff must prove to win a given type of case are called the "elements" of that cause of action. For the cause of action of negligence, for example, the elements are (existence of a) duty, breach (of that duty), causation (by that breach), and damages (incurred by the plaintiff). If a complaint does not allege facts to support every element of the cause of action it describes, the court will dismiss the complaint for failure to state a claim, for which relief can be granted.


The respondent to a cause of action may plead denials or affirmative defenses. Most defenses must be raised in the pleadings or by motion or are waived at trial. A few defenses, in particular a court's lack of subject matter jurisdiction, need not be pleaded and may be raised at any time.




  Results from FactBites:
 
CATHOLIC ENCYCLOPEDIA: Cause (8941 words)
Cause, as the correlative of effect, is understood as being that which in any way gives existence to, or contributes towards the existence of, any thing; which produces a result; to which the origin of any thing is to be ascribed.
With certain important modifications concerning the eternity of the material cause, the substantiality of certain formal causes of material entities, and the determination of the final cause, the fourfold division was handed on to the Christian teachers of patristic and scholastic times.
It is shown that, in no one of the four classes into which causes are differentiated is an infinite progression possible; and, upon the doctrine advanced as to causality in general, and the four classes of causes in particular, are based arguments demonstrating rationally the existence of God.
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