{"id":10761,"date":"2017-12-13T03:10:19","date_gmt":"2017-12-13T03:10:19","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=10761"},"modified":"2023-04-21T21:01:31","modified_gmt":"2023-04-21T21:01:31","slug":"suit-any-proceeding-in-a-court-of-law-a-broader-term-than-action-since-it-is-inclusive-of-all-judicial-proceedings-whether-actions-or-not-however-does-not-include-a-proceeding-in-continuation","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=10761","title":{"rendered":"lawsuit (“suit”) – a legal proceeding of the civil kind, in pursuit of a legal or equitable remedy:"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Judicial Proceedings<\/a> >>>> Action<\/a>:
\n<\/strong><\/span><\/p>\n

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suit<\/span>:<\/span><\/strong><\/span>
\n (14c)<\/span><\/p>\n

1. Any proceeding by a party or parties against another in a court of law; CASE (1).<\/strong> \u2014 aka<\/span> lawsuit<\/strong><\/em><\/span>; suit at law<\/strong><\/em><\/span>. [1]<\/span><\/span><\/p>\n

1. An action; a legal proceeding of a civil kind.<\/span> Re Oliver, 77 Ohio St 474, 83 NE 795<\/span>. <\/span><\/span><\/strong><\/span><\/p>\n

Any <\/span>proceeding in a court of justice by which a person pursues therein that remedy which the law affords <\/span><\/span>him.<\/span> Upshur County v Rich<\/em>, 135 US 467, 34 L Ed 196, 10 S Ct 651<\/span>. <\/span><\/span><\/strong><\/span><\/p>\n

A term broader than \u201caction,\u201d since it is inclusive of all judicial proceedings whether actions or not.<\/span> 1 Am J2d Actions \u00a7 4<\/span>. <\/span><\/span><\/strong><\/span><\/p>\n

Not inclusive of a proceeding in continuation of an original action, such as a proceeding for modification of a decree.<\/span> Anno: 143 ALR 414<\/span>. <\/span><\/span><\/strong><\/span><\/p>\n

Not inclusive of a criminal prosecution.<\/span> Anno: 4O ALR2d 1397<\/span>. <\/span><\/span><\/strong><\/span><\/p>\n

Inclusive of a criminal prosecution, since an indictment or information is an accusation at the \u201csuit\u201d of the sovereign<\/span>. United States v Moore<\/em> (CC NH) 11 F 248, 251<\/span>.<\/span><\/span><\/strong><\/span><\/p>\n

\n

\u00a0\u00a0\u00a0\u00a0 \u201c<\/span>It must be conceded that the word, as applied to legal controversies, both by the legal profession and others, is now used and recognized as a generic term of broad significance, often understood and used, even by legislatures and courts, to designate almost any proceeding in a court, even, though rarely, being applied to a criminal prosecution in certain connections.<\/span>\u201d Patterson v Standard Acci. Ins<\/em>. Co<\/em>. 178 Mich 288, 144-NW 491.<\/span><\/span><\/strong><\/span><\/p>\n

Historically, \u201caction\u201d is more properly applied to a legal remedy only, whereas \u201csuit” is more properly applied to an equitable remedy only, but this distinction is no longer regarded as important.<\/span> 1 Am J2d Actions \u00a7 4<\/span>.<\/span><\/span><\/strong><\/span><\/p>\n

To do suit was a feudal service of the tenant to .follow the lord in his courts in time of peace and in his armies or warlike retinue in time of warfare. <\/span><\/span><\/strong>See<\/span><\/span> 2 Bl Comm 54<\/span><\/em>.<\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0 For particular suits, see definitions commencing actio<\/em><\/span><\/strong>; action<\/strong><\/em><\/span>. [2]<\/span><\/span><\/p>\n

1. A lawsuit; an action, either an action at law or an equitable action, but, as the term is generally used, not a criminal prosecution.\u00a0<\/strong> See also legal action<\/em>. [3]<\/span><\/p>\n

suit at law<\/span>:<\/span><\/strong><\/span>
\n (16c)<\/span><\/p>\n

1. A suit conducted according to the common law or equity, as distinguished from statutory provisions.\u00a0 *\u00a0 Under the current rules of practice in federal and most state courts, the term civil action embraces an action both at law and in equity.<\/span> Fed. R. Civ. P. 2<\/a>.\u00a0<\/strong><\/span><\/p>\n<\/div>\n

\u00a0 \u00a0 \u00a0Excerpt from Bryan A. Garner’s\u00a0Garner\u2019s<\/a> Dictionary of Legal Usage<\/a><\/em>\u00a0(3d ed. 2011):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cAll these nouns [suit, lawsuit, action, case, and cause]<\/em> denote proceedings instituted for the purpose of enforcing a right or otherwise seeking justice.\u00a0 Although they are all in frequent use as synonyms for a court proceeding, their etymological development has lent them shades of meaning that they still faintly bear. <\/span>
\n \u00a0 \u00a0 \u00a0Suit<\/em> stresses the sense of campaign \u2014 originally a lover\u2019s persistent efforts to win love as a suitor but now a<\/span> complainant<\/a>\u2019s attempt to redress a wrong, enforce a right, or compel application of a rule.\u00a0 Suit is historically most closely associated with proceedings in<\/span> equity <\/a><suit in equity>.\u00a0 In the legal sense, suit refers to an ongoing dispute at any stage, from the initial filing to the ultimate resolution.<\/span>
\n\u00a0\u00a0\u00a0\u00a0\u00a0 Lawsuit more clearly implies courtroom proceedings before a judge, as opposed to a dispute before some other type of tribunal.<\/span>
\n\u00a0\u00a0\u00a0\u00a0\u00a0 Action<\/em> is close to suit<\/em> and lawsuit<\/em> <action on the case>, but historically action was closely tied to legal as opposed to equitable proceedings.\u00a0 Because action denotes a mode of proceeding in court not just to enforce a private right or to redress or prevent a private wrong, but also to punish a public offense, it is possible to speak of criminal actions.\u00a0 When the jurisdictional distinction between law and equity existed, an action ended at judgment, but a suit in equity ended after judgment and execution.\u00a0 Today, since virtually all jurisdictions have merged the administration of law and equity, the terms action and suit are interchangeable. . . . Case can apply either to the entire proceedings <the case has been pending for 19 months> or to the merits of the action from either side\u2019s point of view <the plaintiff has a good case> <the defendant has a good case>.<\/span>
\n Cause, a legalism, emphasizes the merits of the action from the<\/span> plaintiff<\/a>\u2019s point of view, especially with the connotation of seeking justice <the ex-employee\u2019s cause for wrongful discharge>. . . . Although cause<\/em> and action<\/em> are nearly synonymous, the legal idioms in which the phrases are used differ.\u00a0 So an action or suit is said to be \u2018commenced,\u2019 but a cause is not.\u00a0 Similarly, a cause but not an action is said to be \u2018tried.\u2019\u00a0 The distinction between the words is subtle: broadly, action<\/em> connotes legal procedure and cause<\/em> denotes the merits of the dispute (again, from the plaintiff \u2019s vantage).<\/span>
\n\u00a0\u00a0\u00a0\u00a0\u00a0 The first edition of <\/span>Black’s Law Dictionary<\/a> noted the differentiation between case<\/em> and cause<\/em>, although if it does exist at all it is little heeded: \u2018case is of a more limited signification, importing a collection of facts, with the conclusion of law thereon,’ whereas ‘cause<\/em> imports a judicial proceeding entire, and is nearly synonymous with lis<\/em> in Latin, or suit<\/em> in English.’<\/span>\u201d <\/strong>[4]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/span><\/p>\n

Disclaimer:<\/span> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/span><\/p>\n

[1]: Black\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/strong>by<\/b><\/span><\/strong> Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/span><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/strong>Dictionary\u00a0<\/b><\/a><\/strong>with<\/b><\/a><\/em> Pronunciations<\/b><\/a><\/em>
\n<\/a><\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/strong><\/span><\/p>\n

[3]: Ballantine\u2019s Law <\/a><\/strong>Dictionary\u00a0<\/b><\/a><\/strong>Legal<\/b><\/a><\/em> Assistant<\/b><\/a><\/em> Edition<\/b><\/a><\/em>\u00a0<\/em>by<\/b><\/strong> Jack Ballantine\u00a0<\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/em>Doctored<\/a><\/strong>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/strong><\/span><\/p>\n

[4]:\u00a0Bryan A. Garner, Garner\u2019s<\/a> Dictionary of Legal Usage<\/a><\/em> 862-63 (3d ed. 2011) (citations omitted).<\/strong><\/span><\/p>\n

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\u00a0\u00a0\u00a0\u00a0 This page is continued from Judicial Proceedings >>>> Action: ************************* suit: (14c) 1. Any proceeding by a party or parties against another in a court of law; CASE (1). \u2014 aka lawsuit; suit at law. [1] 1. An action; a legal proceeding of a civil kind. Re Oliver, 77 Ohio St 474, 83 NE … Continue reading lawsuit (“suit”) – a legal proceeding of the civil kind, in pursuit of a legal or equitable remedy:<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":15502,"menu_order":99,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-10761","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/10761","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10761"}],"version-history":[{"count":9,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/10761\/revisions"}],"predecessor-version":[{"id":18611,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/10761\/revisions\/18611"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/15502"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10761"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}