claim for relief:
1. A complaint and, under the Federal Rules of Civil Procedure, any pleading “which sets forth . . . a claim, counterclaim, cross-claim, or third-party claim.” See demand for relief; relief. [1]
1. A complaint and any pleading which sets forth a claim, counterclaim, cross-claim, or third-party claim. See demand for relief; relief. [1]
1. A complaint and, under the Federal Rules of Civil Procedure, any pleading “which sets forth… a claim, counterclaim, cross-claim, or third-party claim.” See demand for relief. [2]
demand for relief:
1. See prayer for relief. [1]
1. The portion of a complaint or claim for relief that specifies the type of relief to which the plaintiff feels she is entitled and for which she requests judgment. aka — prayer for relief. [2]
prayer for relief:
(18c)
1. A request addressed to the court and appearing at the end of a pleading; especially, a request for specific relief or damages. — Often shortened to prayer. — aka — demand for relief; request for relief. See AD DAMNUM CLAUSE.
Excerpt from Edwin E. Bryant’s The Law of Pleading Under the Codes of Civil Procedure (2d ed. 1899):
“The prayer for relief. The plaintiff prays in his bill for the relief to which he supposes himself entitled on the case made out in the bill. This is called the special prayer. He then prays for general relief, usually in these words: ‘And the plaintiff (or your orator) prays for such further or other relief as the nature of the case may require, and as may be agreeable to equity and good conscience.’ Both prayers are generally inserted in the bill, — the special prayer first, the general following.” [4]
Elements Included in Standard Claims:
general prayer: (18c) A prayer for additional unspecified relief, traditionally using language such as, “Plaintiff additionally prays for such other and further relief to which she may show herself to be justly entitled.” * The general prayer typically follows a special prayer.
special prayer: (18c) A prayer for the particular relief to which a plaintiff claims to be entitled.
References:
Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
[2]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
[4]: Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 69 (2d ed. 1899).
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