While the action is pending, neither party has the right to start another action in a different court over the same dispute or to do any act that would make the court's decision futile.Ī lawsuit may be terminated because of dismissal before both sides have fully argued the merits of their cases at trial. Termination of an ActionĪfter an action is commenced, it is said to be pending until termination. marshal, who becomes responsible for serving it on the defendant. In some cases, the law requires delivery of the summons or writ to a specified public officer such as a U.S. If this Service of Process is done properly, the defendant has fair notice of the claim made against him or her and the court acquires jurisdiction over him or her. At one time, common-law actions had to be pleaded according to highly technical Forms of Action, but now it is generally sufficient simply to serve papers that state facts describing a recognized cause of action. A typical statute specifies that an action may be begun by delivery of a summons, or a writ on the defendant. Statutes that regulate proper procedure for this must be strictly observed. Where there is no statute that limits the time to commence a particular action, a court may nevertheless dismiss the case if the claim is stale and if litigation at that point would not be fair.Ī plaintiff must first select the right court, then an action can be commenced by delivery of the formal legal papers to the appropriate person. If the law in a particular state says that an action for libel cannot be brought more than one year after publication of a defamatory statement, then those actions must be initiated within that statutory period. Most causes of action are covered by a Statute of Limitations, which specifically limits the time within which to begin the action. Neither can a person begin an action after the time allowed by law. His right to sue does not Accrue until the board turns down his request. He cannot bypass the board and start an action in court. For example, a man who wants to use a parcel of land for a store where only houses are allowed must begin by applying for a variance from the local Zoning board. A plaintiff cannot start a lawsuit until the cause of action has accrued. The time when an action may begin depends on the kind of action involved. Where prejudice or injustice is likely to result, the court may order a severance of actions into different lawsuits for different parties. The law may permit Joinder of two or more claims, such as an action for property damage and an action for personal injuries, after one auto accident or it may require consolidation of actions by an order of the court. A counterclaim may be made by the defendant against the plaintiff or a cross-claim against another party on the same side of the lawsuit. The defendant may assert a defense which, if true, will defeat the plaintiff's claim. Frequently, there are multiple parties on a side. The person who starts the action is the plaintiff, and the person sued is the defendant. The injured person may seek redress by starting an action in court. If that breach causes harm, it is the basis for a cause of action. When the other person acts wrongfully or fails to act as the law requires, such behavior is a breach, or violation, of that person's legal duty. That legal right implies a duty owed to one person by another, whether it is a duty to do something or a duty not to do something. Parties in an ActionĪ person must have some sort of legal right before starting an action. The term action is used more often for civil lawsuits than for criminal proceedings. The distinction is rather technical, however, and not significant since the merger of law and equity. At one time, it was more correct to speak of actions at law and of proceedings or suits in Equity. In casual conversation, action and cause of action may be used interchangeably, but they are more properly distinguished. Specifically, it is the legal proceedings, while a Cause of Action is the underlying right that gives rise to them. The term action includes all the proceedings attendant upon a legal demand, its adjudication, and its denial or its enforcement by a court. Conduct behavior something done a series of acts.Ī case or lawsuit a legal and formal demand for enforcement of one's rights against another party asserted in a court of justice.
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