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causes of action

English translation: claim for relief

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:cause of action
English translation:claim for relief
Entered by: Kim Metzger
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21:12 Dec 13, 2003
English to English translations [PRO]
Law/Patents
English term or phrase: causes of action
claims, demands, damages, actions, and causes of action...

How do causes of action differ from actions?
Jonathan Widell
Canada
Local time: 02:32
Explanation
Explanation:
I'm not a legal expert so all of this is from my legal dictionary.

An action could be a court case, especially a civil case.

Cause of action
1. facts which, if proved, would entitle a party to relief in a lawsuit on some legal theory: The complaint was dismissed for failure to state a cause of action. In the federal courts and many states, this terminology has been replaced for many purposes by 'claim for relief'.
2. A right recovery arising from such facts: The seller has a cause of action for breach of contract against the purpchaser, who failed to pay for the goods.
Selected response from:

Kim Metzger
Mexico
Local time: 01:32
Grading comment
Well, you can thank your legal dictionary, because I found that explanation very helpful. Thanks!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2the right which a party has to institute a judicial proceeding
Empty Whiskey Glass
4reasonnyamuk
3Explanation
Kim Metzger


  

Answers


8 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Explanation


Explanation:
I'm not a legal expert so all of this is from my legal dictionary.

An action could be a court case, especially a civil case.

Cause of action
1. facts which, if proved, would entitle a party to relief in a lawsuit on some legal theory: The complaint was dismissed for failure to state a cause of action. In the federal courts and many states, this terminology has been replaced for many purposes by 'claim for relief'.
2. A right recovery arising from such facts: The seller has a cause of action for breach of contract against the purpchaser, who failed to pay for the goods.


    Random House Dictionary of the Law
Kim Metzger
Mexico
Local time: 01:32
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 2249
Grading comment
Well, you can thank your legal dictionary, because I found that explanation very helpful. Thanks!
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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
reason


Explanation:
In lay terms "reason"

cause of action - reason for legal action

nyamuk
United States
Local time: 00:32
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 58
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14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
the right which a party has to institute a judicial proceeding


Explanation:
Bowne suggests that we look to Black's Law Dictionary 221 (6th ed. 1990), for a definition of "causes of action." This edition of Black's Law Dictionary lists nine possible meanings for "causes of action," among them "[t]he right which a party has to institute a judicial proceeding." Black's Law Dictionary 221 (6th ed. 1990). That definition is used by Bowne to support its position that "causes of action" means the complaint filed with the Commission. However, there is nothing that makes this definition of "causes of action" any better than the other eight definitions listed in explaining the intent of the legislature, particularly as it relates to "causes of action filed on or after January 1, 1996."

http://www.state.il.us/court/Opinions/AppellateCourt/1998/1s...

However, causes of action seem to have many meanins and this is just one suggestion.

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Note added at 18 mins (2003-12-13 21:30:50 GMT)
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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.

http://dictionary.law.com/definition2.asp?selected=156&bold=...

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Note added at 19 mins (2003-12-13 21:31:59 GMT)
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CAUSE OF ACTION - A set of facts or allegations that make up the grounds for filing a lawsuit.

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.

There is no cause of action till the claimant can legally sue, therefore the statute of limitations does not run from the making of a promise, if it were to perform something at a future time, but only from the expiration of that time, though, when the obligor promises to pay on demand, or generally, without specifying day, he may be sued immediately, and then the cause of action has accrued. 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.

http://www.lectlaw.com/def/c217.htm

Empty Whiskey Glass
Local time: 09:32
Native speaker of: Native in BulgarianBulgarian
PRO pts in pair: 61

Peer comments on this answer (and responses from the answerer)
agree  Ioanna Karamanou
44 mins

agree  Bin Zhang
1 day 17 hrs
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