Claims arising from various Causes of Action:

(fourth definition)

4. An interest or remedy recognized at law; the means by which a person can obtain a privilege, possession, of enjoyment of a right or thing; CAUSE OF ACTION (1) <claim against the employer for wrongful termination>.

cause of actions:

l. A group of operative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person; CLAIM (4) <after the crash, Aronson had a cause of action>.

     Excerpt from Edwin E. Bryant’s The Law of Pleading Under the Codes of Civil Procedure (2d ed. 1899):

     “What is a cause of action? Jurist-s have found it difficult to give a proper definition. It may be,defined generally “to be a situation or state of facts that entitles a party to maintain an action in’a judicial tribunal. This state of facts may be

(a) a primary right of the plaintiff actually violated by the defendant; or

(b) the threatened violation of such right, which violation the plaintiff is entitled to restrain or prevent, as in case of actions or suits for injunction; or

(c) it may be that there are doubts as to some duty or right, or the right beclouded by some apparent adverse right or claim, which the plaintiff is entitled to have cleared up, that he may safely perform his duty, or enjoy his property. [2]

Claims arising from various Causes of Action:

Ancillary Claim – a claim that is collateral to, dependent on, or auxiliary to another claim.

Antecedent Claima preexisting claim. * Under the UCC, a holder takes an instrument for value if it is taken for an antecedent claim. UCC § 3-303.

Apportionable Claim – a claim for economic loss or damage to property where, more than one wrongdoer is liable in proportion to his or her responsibility for the harm done.

Colorable Claim – a claim that appears legally well founded, but may actually be false or invalid.

Commercial Tort Claim – coming soon.

Consumer Claim – coming soon.

Counterclaim – coming soon.

Cross-claim – coming soon.

Enhanced-Injury Claim – coming soon.

False-Association Claim – coming soon.

False Claim – coming soon.

Fraudulent Claim – coming soon.

Frivolous Claim – (18c) A claim that has no legal basis or merit, esp. one brought for an unreasonable purpose such as harassment. Fed. R. Civ. P. 11(b)

Supplemental Claim – (1831) A claim for further relief based on events occurring after the original claim was made. [1]

cause of action:
(second definition)

2. A legal theory of a lawsuit <a malpractice cause of action>. -Also termed (in senses 1 8: 2) ground of action.

  • new cause of action (18c) A claim not arising out of, relating to, or involving the conduct, occurrence, or transaction contained in the original pleading.  *  An amended pleading often relates back to the date on which the original pleading was filed.  Thus, a plaintiff may add claims to a suit without facing a statute of limitations bar, as long as the original pleading was timely filed. But if the amended pleading adds a claim that arises out of a different transaction or occurrence, or out of different alleged conduct, the amendment does not relate back to the date on which the original pleading was filed. Fed. R. Civ. P. 15(c).

3. Loosely, a lawsuit <there are four defendants in the pending cause of action>. Abbr. COA.

cause-of-action estoppel. See COLLATERAL ESTOPPEL. [1]


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]: Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 170 (2d ed. 1899).


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