{"id":3918,"date":"2017-08-05T18:05:24","date_gmt":"2017-08-05T18:05:24","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=3918"},"modified":"2023-02-12T17:06:45","modified_gmt":"2023-02-12T17:06:45","slug":"11-forms-of-action","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=3918","title":{"rendered":"The 11 Historical Common-Law “Forms of Action”:"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0The 11 Forms of Action have been simplified into the modern Civil Action (see\u00a0Rule 2, Federal Rules of Civil Procedure<\/a>)<\/em>, however<\/em><\/span> knowing the 11 common law Forms of Action helps to determine the scope with which the Federal Rules of Civil Procedure<\/a> may be applied.<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0The 11 Forms of Action have been compiled below within<\/em><\/span> the\u00a0Black’s Law Dictionary Tenth Edition<\/a>\u00a0definition of “Form of Action”, wherein they appear & are listed. \u00a0<\/strong><\/span><\/p>\n

\u00a0 \u00a0 We’ve<\/a> organized & expounded upon each form of action, however, to explain what each one is used for & how they were\/are traditionally applied.<\/strong><\/span><\/p>\n

Note:<\/span> The below Forms of Action have been organized, with some appearing in more than one category. \u00a0This website is updated daily.<\/strong><\/span><\/p>\n

Form of Action<\/span>:
\n<\/b><\/span><\/span>(17c.)<\/span><\/p>\n

1.\u00a0<\/span><\/strong>The Common-law legal & procedural device associated with a particular\u00a0writ<\/a>, each of which had\u00a0specific forms\u00a0of\u00a0process,\u00a0pleading,\u00a0trial, &\u00a0judgment. \u00a0The\u00a011 common-law forms of action\u00a0<\/i>were\u00a0Trespass<\/a>,\u00a0Replevin<\/a>,\u00a0Detinue<\/a>,\u00a0Ejectment<\/a>,\u00a0Trover<\/a>,\u00a0Trespass On the Case<\/a>,\u00a0<\/strong><\/p>\n

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“Vicontiel<\/a>“<\/strong><\/span> (County or Sheriff related)<\/em> Writs<\/a>\u00a0that are founded on Torts<\/a>:\u00a0<\/strong><\/span><\/span><\/p>\n

\u00a0 \u00a0<\/span> \u00a0Excerpt from George Crompton\u2019s<\/span>\u00a0Practice Common-Placed: Rules and\u00a0Cases of Practice in the Courts of King\u2019s Bench and Common\u00a0Pleas<\/a><\/em>:<\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cVicontiel writs were of two sorts, the one founded on\u00a0<\/span><\/strong>Torts<\/a>, the other on\u00a0Contracts<\/a>. \u00a0The vicontiel writs adapted for\u00a0torts<\/em><\/a>, were those of\u00a0trespass<\/span>,\u00a0replegiari facias<\/em><\/span><\/strong>\u00a0<\/em>(aka \u201cWrit of Replevin\u201d)<\/em><\/strong><\/span><\/span>, nuisance, &\u00a0others of the like nature; & those of matters of contract were\u00a0called\u00a0writs of justice<\/em><\/a><\/span>, which was a command to the sheriff to\u00a0do justice between the parties\u2026.<\/span>\u201d[1]<\/strong><\/span><\/p>\n<\/div>\n

#1.)<\/span> Trespass<\/a> <\/span>– wrongful entry upon another person’s real property.<\/span><\/span><\/strong><\/span><\/p>\n

#2.)<\/span> Replevin<\/a> <\/span>– for repossession of “personal property”<\/span><\/span><\/strong>\u00a0(movable or intangible assets, but not \u201creal property\u201d such as land or buildings)<\/em>\u00a0wrongfully taken or detained <\/strong>(w<\/span>ithheld)<\/em><\/span>\u00a0\u00a0Notice:<\/span> writs of replevin are not<\/span> <\/em>exclusively county-related actions\u00a0\u2014\u00a0see below.<\/em><\/span><\/span><\/strong><\/span><\/p>\n

* Learn more about Vicontiel Writs<\/a>\u00a0*<\/strong><\/span><\/p>\n

Writs for Recovery of Property, Person, &\/or Damages – these\u00a0are also torts<\/a><\/em><\/span><\/span>:<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Forms of Action used for the purpose of recovering personal property, person <\/strong>(wrongful imprisonment, probation, detainment, etc.)<\/em>, or land being wrongfully detained or withheld, as well as damages:<\/strong><\/span><\/p>\n

#3.) <\/span>Detinue<\/a><\/span> – recover “personal property” <\/span><\/strong>(movable or intangible assets, but not “real property” such as land or buildings)\u00a0<\/em>that has been detained either by private persons or government officials.<\/strong><\/span><\/span><\/p>\n

#4.) <\/span>Ejectment<\/span> <\/a>– an owner or occupier who was wrongfully ejected from “real property” (land or buildings)<\/em>\u00a0recovers possession, damages, & costs.<\/span><\/strong><\/span><\/p>\n

Replevin<\/a>\u00a0<\/span>– to repossess a person or “personal property” <\/span><\/strong>(movable or intangible assets, but not “real property” such as land or buildings)<\/em><\/span> wrongfully taken, detained <\/span><\/strong>(withheld)<\/span><\/em>, imprisoned, or encumbered (i.e. probation)<\/span><\/strong><\/span><\/p>\n

#5.)<\/span> Trover<\/a>\u00a0–\u00a0<\/span><\/span>recover damages for property that was wrongfully taken & sold, given away, lost, etc.<\/span><\/strong><\/span><\/p>\n

#6.)<\/span> Trespass On the Case<\/a><\/span>\u00a0–<\/span> recover damages which occurred as a consequence for another’s action or inaction such as negligence, fraud, slander, deceit, omissions, etc.<\/span><\/span><\/strong><\/p>\n

Writs for Breach of Contract or Agreement:<\/strong><\/span><\/p>\n

#7.)<\/span> Special Assumpsit<\/a>\u00a0–<\/span><\/span> breach of contract.<\/span><\/strong><\/p>\n

#8.)<\/span> General Assumpsit<\/a><\/span>\u00a0–<\/span>\u00a0Breach of non-written Promise or Agreement.<\/span><\/span><\/strong><\/p>\n

#9.)<\/span> Debt<\/a>\u00a0–\u00a0<\/span><\/span>liability based on breach of contract or agreement, for the purpose of claiming a fixed sum of money.<\/span><\/strong><\/span><\/p>\n

#10.)<\/span> Account<\/a>\u00a0–<\/span><\/span><\/span>\u00a0violation of fiduciary relation or to recover certain fixed sum of money for business contract breach.<\/span><\/strong><\/span><\/p>\n

#11.)<\/span> Covenant<\/a>\u00a0–\u00a0t<\/span><\/span><\/span>o claim damages as a result of breach of contract, deed, or other covenant, to fine someone.<\/span>\u00a0<\/strong>[2]<\/span><\/span><\/p>\n

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\u00a0 \u00a0 The following excerpt from<\/strong>\u00a0\u00a0\u201c<\/a>Handbook of Common-Law Pleading\u201d<\/i><\/a>\u00a0by Benjamin J. Shipman provides additional historic & legal insight into Forms of Action:<\/b><\/span><\/p>\n

\u00a0 \u00a0 \u201cForms of action are usually regarded as different method of procedure adapted to cases of different kinds, but in fact the choice between forms of action is primarily a choice between different theories of substantive liability, & the scope of the actions measures the existence & the extent of the liability at common law\u2026. The development & extension of the different forms of action is the history of the recognition of rights & liability in the law of the torts<\/a>, contracts<\/a>, & property, & the essentials of rights of action.<\/span>\u201d <\/b>[3]<\/span><\/p>\n

\u00a0 \u00a0 To learn about Forms of Action, you will also need to learn about\u00a0<\/strong><\/span><\/p>\n

Writs<\/a><\/strong><\/span><\/p>\n

\u00a0 \u00a0 Again, the 11 Forms of Action have been simplified into the modern Civil Action, however knowing the 11 original forms helps to determine the scope with which the Federal Rules of Civil Procedure<\/a> can be extended.<\/strong><\/span><\/p>\n

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\u00a0 \u00a0 \u00a0 “The Common law existed, while the Anglo-Saxons were yet Pagans, at a time when they had never yet heard the name of Christ pronounced, or knew that such a character had ever existed. but it may amuse you to shew when, and by what means they stole this law in upon us. in a case of Quare impedit in the year-book 24. H. 6. folio. 38. [anno 1458.] a question was made, how far the Ecclesiastical law was to be respected in a common law court?<\/span>“<\/strong><\/span><\/div>\n<\/div>\n
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– Thomas Jefferson, letter to John Cartwright<\/a>, 5 June 1824 <\/strong>[4]<\/span><\/div>\n<\/div>\n
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Above artwork from Science, Magic, Medicine Show, entitled “Spellwright” by Todd Lockwood<\/a> utilized for Fair Use<\/a> purposes.<\/strong><\/span><\/p>\n

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

[1]:\u00a01 George Crompton,\u00a0Practice Common-Placed: Rules and\u00a0Cases of Practice in the Courts of King\u2019s Bench and Common\u00a0Pleas<\/a><\/em>\u00a0vii-viii (3d ed. 1787)22<\/strong><\/span><\/p>\n

[2]:\u00a0Definition of “Form of Action”:\u00a0Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0<\/i>by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/strong><\/span><\/p>\n

[3]: Benjamin J. Shipman,\u00a0Handbook of Common-Law Pleading<\/i><\/a>\u00a0\u00a7\u00a7 27, 30 at 54, 60 (Henry Winthrop Ballantine ed., 3rd Ed. 1923)<\/strong><\/span><\/p>\n

[4]: National Archives’ Founders Online, “Thomas Jefferson, letter to John Cartwright<\/a>, 5 June 1824″:\u00a0https:\/\/founders.archives.gov\/documents\/Jefferson\/98-01-02-4313<\/a><\/strong><\/span><\/p>\n

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Learn about Common Law<\/a><\/strong><\/span><\/p>\n

The 3 Modes of Jurisprudence<\/a> – Admiralty, Equity, Common<\/span><\/strong><\/span><\/p>\n

Intro to Pro Se Litigation<\/a><\/strong><\/span><\/p>\n

Home Page<\/a><\/strong><\/span><\/p>\n

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