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Topic: Cause of action

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In the News (Thu 21 Mar 19)

  Cause of action - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-07)
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.
"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.
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).
wikipedia.lotsofinformation.com /wiki/index.php/Cause_of_action   (247 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.
www.newadvent.org /cathen/03459a.htm   (8941 words)

 TITLE 1: CHAPTER 3 - LIMITATION OF ACTIONS   (Site not responding. Last check: 2007-10-07)
A cause of action on the ground of fraud is not deemed to have accrued until the discovery of the fraud.
If a cause of action accrues against a person when he is out of the state, or has absconded or concealed himself, the period limited for the commencement of the action does not begin to run until he comes into the state or while he is so absconded or concealed.
If after the cause of action accrues he departs from the state or absconds or conceals himself, the time of his absence or concealment is not computed as a part of the period within which the action shall be brought.
legisweb.state.wy.us /statutes/titles/title01/chapter03.htm   (1135 words)

 Smith v. Superior Court (Abbott Ford) 151 Cal. App. 3d 491, 198 Cal. Rptr. 829 (1984)   (Site not responding. Last check: 2007-10-07)
Because we conclude that the eighth count stated a cause of action for intentional spoliation of evidence, significantly prejudicing the Smiths' opportunity to obtain damages for their injuries, the alternative writ is to be discharged and the trial court directed to overrule the demurrer.
The seventh and ninth causes of action for breach of contract/promissory estoppel and negligence respectively were also concerned with the loss of the physical evidence.
Abbott Ford contends that a cause of action for an intentional tort of spoliation of evidence is precluded under California statutory and case law, because a penal statute has in effect preempted the field.
www.law.harvard.edu /publications/evidenceiii/cases/smith.htm   (1998 words)

1189 (1979), this case is novel because the court has allowed (1) a "cumulative" cause of action (referring to it as one continuous cause of action) and (2) a cause of action based on what, until now, was used as a defense in a criminal case.
Breax, 515So.2d 480, to support his decision to recognize battered women's syndrome as a cause of action, the judge rejected that case's decision that the complainant had to sue on each individual incident of abuse and not on a continuing tort.
Although he recognized this, Judge Napolitano allowed this new cause of action to stand despite the motion to have the action dismissed for failure to state a claim for relief, starting that the New Jersey Supreme has expressly held that trial courts must accord any plaintiff's complaint a "meticulous" and "indulgent" examination.
www.gourvitz.com /cause.htm   (832 words)

 CAUSE - Definition
Cause is substance exerting its power into act, to make one thing begin to be.
That which is the occasion of an action or state; ground; reason; motive; as, cause for rejoicing.
Cause that it be read also in the church of the Laodiceans.
www.hyperdictionary.com /dictionary/cause   (544 words)

 Oracle Messages 'Cause and Action'   (Site not responding. Last check: 2007-10-07)
Action: No action is required for the session to be killed, but further executions of the ALTER SYSTEM KILL SESSION command on this session may cause the session to be killed sooner.
Action: Increase the number of buffers in the specified pool for the specified block size ORA-00380, 00000, "cannot specify db_%sk_cache_size since %sK is the standard block size" Cause: User specified the parameter db_nk_cache_size (where n is one of 2,4,8,16,32), while the standard block size for this database is equal to n Kbytes.
Action: call Oracle Support ORA-00701, 00000, "object necessary for warmstarting database cannot be altered" Cause: Attempt to alter or drop a database object (table, cluster, or index) which are needed for warmstarting the database.
www.oracle.com /pls/wocprod/docs/page/ocom/technology/products/designer/supporting_doc/Des10g_9044/deshlp72/messages/ora_messages.htm   (13965 words)

 OSCN Found Document:MEYER v. VANCE
It is clear that it was the intention of the framers of the Code that the court in one action might settle all matters in controversy between the parties relating to the contract or transaction, which is the foundation of the action.
¶21 As stated, the Osage County foreclosure action alleged a cause of action based on the note and mortgage and stated, as one reason for appointment of a receiver, the provisions of the mortgage relative to the rights of the mortgagees to possession of the property in the event of default.
In this connection it is pointed out that the accrual of plaintiff's alleged cause of action was not dependent on termination of the Osage County case by trial of the issues therein, but had fully accrued during the pendency thereof.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=36854   (2128 words)

 Welcome to Knapp Petersen & Clarke - Publications - Litigation
By way of background, when a debtor files for Chapter 7 bankruptcy, any cause of action he has against any third person becomes property of the bankrupt estate and, absent an abandonment, may only be prosecuted by the trustee in bankruptcy.
The court specifically found that plaintiff, in bad faith, had failed to disclose his personal injury cause of action in the bankruptcy case with the intent of concealing this asset from the reach of his creditors.
Because plaintiff had stated under oath in the prior action that he did not have any cause of action for a contingent or unliquidated claim against any third person, he could not now take the position that he had a viable cause of action against the defendants.
www.kpclegal.com /pub_litigate_sprg98_3.htm   (1126 words)

 CAUSE - Action
CAUSE is calling on the planners to listen to local people and turn aside from any development which threatens the character of Bishop’s Stortford and reduces the quality of life for its residents.
CAUSE were originally supposed to be taking part in the discussion but were dropped at the last minute due to lack of time.
CAUSE will continue to campaign for all threat of unsustainable development to be permanently lifted and the ASRs to be protected as greenbelt.
freespace.virgin.net /gary.aldam/chantry/CAUSE/action.html   (928 words)

 Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, ...   (Site not responding. Last check: 2007-10-07)
Challenge for cause -A request from a party to a judge that a certain prospective juror not be allowed to be a member of a jury because of specified causes or reasons.
A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.
Quasi-criminal action A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public punishable through fines but are not usually indictable offenses.
www.aa-accidentattorneys.com /legal_dictionary.html   (13605 words)

 Cause of Action
In fact it is a fundamental legal principal that the mere fact of injury is not sufficient to prove a cause of action.
For common law actions, such as breach of contract or assault, the elements were developed by the courts.
If a cause of action is based on a statute, the statute establishes the necessary elements.
users.ipfw.edu /vetterw/cause-of-action.htm   (802 words)

In the case of a misjoinder of causes of action the defeat is waived by failure to demur on that ground.
Whereupon defendant moved to strike the third cause of action from the petition for the reason that the causes of action in plaintiff's petition are not identical and are improperly joined, which motion the court overruled.
The parties and causes of action remained in one suit through defendant's failure to properly plead, and the fact that one cause of action was tried before the others is of no import here.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=29783   (2516 words)

 Cause of action quotes & quotations
actions but by his inaction, and in either case he is justly accountable to them for the injury.
Perhaps the action you take will be successful; perhaps different action or adjustments will have to follow.
"The spirit is the cause of all our thoughts and body-action, and everything, but it is untouched by good or evil, pleasure or pain, heat of cold, and all the dualism of nature, although it lends its light to everything.
en.thinkexist.com /quotes/with/keyword/cause_of_action   (402 words)

 33-18-242. Independent cause of action -- burden of proof.   (Site not responding. Last check: 2007-10-07)
(1) An insured or a third-party claimant has an independent cause of action against an insurer for actual damages caused by the insurer's violation of subsection (1), (4), (5), (6), (9), or (13) of 33-18-201.
(2) In an action under this section, a plaintiff is not required to prove that the violations were of such frequency as to indicate a general business practice.
(4) In an action under this section, the court or jury may award such damages as were proximately caused by the violation of subsection (1), (4), (5), (6), (9), or (13) of 33-18-201.
data.opi.state.mt.us /bills/mca/33/18/33-18-242.htm   (367 words)

 "Cause Of Action" Defined
The right to bring an action, which implies that there is some person in existence who can assert, and also a person who can lawfully be sued.
For example, where the payee of a bill was dead at the time when it fell due, it was held the cause of action did not accrue, and consequently the statute of limitations did not begin to run until letters of administration had been obtained by some one.
When a wrong has been committed, or a breach of duty has occurred, the cause of action has accrued, though the claimant may be ignorant of it.
www.lectlaw.com /def/c217.htm   (153 words)

In such cases the cause of action accrues when the Complainant could first bring an action, that is, at the time the accounting was due but not rendered.
We have held that a suit may be instituted on an accounting when the accounting is rendered, and that the cause of action as to an accounting accrues at that time.
However, an examination of the case law will show that the cause of action on an accounting is said to accrue when the accounting is rendered precisely because that is usually the first opportunity a Complainant has to know that anything is amiss.
www.usda.gov /da/oaljdecisions/vol59/Vol59_at_461.htm   (979 words)

 action en responsabilité cause of action for liability   (Site not responding. Last check: 2007-10-07)
Only common law terminology is used in the English version ("cause of action in tort") and only civil law terminology (action en responsabilité civile délictuelle) is used in the French version.
In the English version, the term "cause of action in tort" is replaced by "cause of action for liability".
In the French version, the term action en responsabilité civile délictuelle is replaced by action en responsabilité.
canada.justice.gc.ca /en/ps/bj/harm/action_resp.html   (202 words)

 SurfWax: News, Reviews and Articles On Cause Of Action
The cause of action won't prevail, but it may settle, and of course there will be an article in People magazine, with the would-be reality star holding a framed photograph of her sister.
The underlying cause of action was alleged to be defamation.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
www.lawkt.com /files/Cause_Of_Action.html   (4525 words)

 Law Reporter: Cause of action for UM benefits accrues on date of accident
Cause of action for UM benefits accrues on date of accident.
Co., 381 N.W2d 439 (Minn. 1986), and subsequent cases that a cause of action for underinsured motorist (UIM) benefits accrues on the date of the accident.
Thus, the court reasoned, because Weeks had not filed her action for UM benefits within six years of the date of her accident, her suit was time-barred.
www.findarticles.com /p/articles/mi_qa3898/is_199811/ai_n8825349   (418 words)

 Cause of action Article, Causeaction Information   (Site not responding. Last check: 2007-10-07)
Examples are: breach of contract ; torts such as injury, fraud, slander ; suits at equity.
"Cause of action" encompasses both the legaltheory 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 thatwrong.
For the causeof 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).
www.anoca.org /plaintiff/court/cause_of_action.html   (261 words)

 cause, caused, causing, causes- WordWeb dictionary definition
"they are trying to determine the cause of the crash"
A series of actions advancing a principle or tending toward a particular end
Cause to do; cause to act in a specified manner
wordwebonline.com /en/CAUSE   (110 words)

 Ordinary cause: why take an ordinary cause action?
Whilst Summary Warrant will normally be your first choice for recovery action, Ordinary Cause proceedings can be a worthwhile alternative for debts in the £1,500.01 to £50,000 range - for ceased partnership cases, for example, or if the effects position is uncertain or Summary Warrant action has previously proved unsuccessful.
Though a SW arrestment can be pursued, an ordinary cause in the Sheriff Court with its attendant publicity might for some cases, prove more effective and encourage prompt payment in the future.
You may take an ordinary cause action at any time within 20 years after the date on which the tax etc became due and payable, provided that a demand for payment has been made.
www.hmrc.gov.uk /manuals/enfsmanual/html/ENFS4101/12_0003_E(S)4.103.htm   (217 words)

 Messenger Online: Civil Cause of Action   (Site not responding. Last check: 2007-10-07)
This right of recovery or "civil cause of action" is clearly stated in Minnesota statutes.
The court said in part, "While the legislature may decide that the reach of the Civil Damages Act needs to be revisited and amended, it is not our prerogative to do so." While some of the justices dissented, arguing the intent of the legislatures language was clear, even the majority admitted their hands where tied.
The solution in legal terms is to clarify statutory language by creating a specific "civil cause of action" for anyone who is injured by an underage drinker who got their alcohol from a non-commercial adult provider.
www.miph.org /mjt/newsletters/dec99/cause.html   (861 words)

 Law Reporter: Private cause of action for TCPA violation may be brought in state court   (Site not responding. Last check: 2007-10-07)
A New York appellate court held that a private cause of action may be brought in state court for violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. Here, Schulman began receiving automated telephone calls from Chase on her residential phone line.
Defendant contended that a private right of action under the TCPA in state court was conditioned on a statute or regulation permitting such an action and that no such authority existed in New York.
Thus, plaintiffs complaint states a cause of action under the TCPA that may be brought in state court, the court concluded.
www.findarticles.com /p/articles/mi_qa3898/is_200012/ai_n8911431   (382 words)

 SSRN-Imputation or Publication: The Cause of Action in Defamation Law by Andrew Kenyon
The basis of the cause of action in defamation varies between different Australian jurisdictions.
The cause of action's basis - in the imputations or the publication - should be seen as an important aspect of how speech is protected under defamation law.
A cause of action based on the publication should be recognised as preferable in any reforms to defamation law.
papers.ssrn.com /sol3/papers.cfm?abstract_id=597364   (381 words)

 SENATE BILL 406 P.N. 1632   (Site not responding. Last check: 2007-10-07)
This 9 action shall not be collateral to the original action and shall 10 proceed without reference to its status.
A person may not be precluded from bringing 19 an action pursuant to Subchapter E.1 on the sole basis that the 20 person first brought an action under this subchapter.
A person may not be precluded from bringing an 16 action pursuant to this subchapter on the sole basis that the 17 person first brought an action under Subchapter E. Section 4.
www.legis.state.pa.us /WU01/LI/BI/BT/2001/0/SB0406P1632.HTM   (1140 words)

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