{"id":7876,"date":"2017-11-16T03:18:06","date_gmt":"2017-11-16T03:18:06","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=7876"},"modified":"2018-07-01T15:57:28","modified_gmt":"2018-07-01T15:57:28","slug":"cause-of-action","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=7876","title":{"rendered":"cause of action – a group of operative facts which give rise to one or more bases for suing"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Getting Started<\/a> >>>> Time Limits for Filing Cases<\/a> >>>> Statute of Limitations<\/a> >>>> Accrual of Cause of Action<\/a>:<\/span>
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cause of action<\/span>:<\/span><\/strong><\/span>
\n (15c)<\/span><\/span><\/p>\n

1. A term difficult of precise definition, perhaps best defined as the fact or facts which establish or give rise to a right of action, in other words, give to a person a right to judicial relief;\u00a0 Fielder v Ohio Edison Co<\/em>. 158 Ohio St 375, 109 NE2d 855, 35 ALR2d 1365<\/span>.<\/strong><\/span><\/p>\n

More, summarily defined, a cause of action is the right which a party has to institute a judicial proceeding.\u00a0 1 Am J2d Actions \u00a7 1<\/span>.<\/strong><\/span><\/p>\n

A cause of action is to be distinguished from right of action.\u00a0 A right of action is the right to enforce presently a cause of action, that is, it is the operative fact or facts which give rise to a right of action.\u00a0 1 Am J2d Actions \u00a7 2<\/span>.<\/strong><\/span><\/p>\n

A cause of action is a matter of substance concerned with the violation of a right, not a mater of remedy.\u00a0 34 Am J1st Lim Ac \u00a7 45<\/span>.<\/strong><\/span><\/p>\n

But “Cause of action” is synonymous with “action” in the sense that the survival of an “action” is the survival of a “cause of action.”\u00a0 1 Am J2d Abat & R \u00a7 1<\/span>.<\/strong> [1]<\/span><\/p>\n

1. Circumstances that give a person the right to bring a lawsuit and to receive relief form a court.<\/strong> [2]<\/span><\/p>\n

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<\/strong>;<\/span> CLAIM (4)<\/strong><\/em><\/span> <after the crash, Aronson had a cause of action>. [3]
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\u00a0 <\/span>\u00a0 \u00a0Excerpt from Edwin E. Bryant’s\u00a0<\/span>The Law of Pleading Under the Codes of Civil Procedure<\/em><\/a>\u00a0(2d ed. 1899):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cWhat is a cause of action? Jurist-s have found it difficult to give a proper definition. It may be,defined generally \u201cto be a situation or state of facts that entitles a party to maintain an action in’a judicial tribunal. This\u00a0state of facts may\u00a0<\/span><\/span><\/span>be<\/span><\/strong><\/p>\n

(a) a primary right of the plaintiff actually violated b<\/span>y the defendant; or<\/span><\/span><\/strong><\/p>\n

(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<\/span><\/strong><\/span><\/p>\n

(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.<\/span>\u201d<\/span><\/strong>\u00a0[4]<\/span><\/span><\/p>\n

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2. Loosely, a lawsuit <there are four defendants in the pending cause of action>. Abbr. COA. [1]<\/strong><\/span><\/span><\/p>\n

3. A legal theory of a lawsuit<\/strong> <a malpractice cause of action>. \u2014 aka (in senses 1 and 2<\/span>) ground of action<\/strong><\/em><\/span>.
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Related Terms:<\/span><\/strong><\/p>\n

new cause of action<\/span><\/strong><\/span> –<\/strong> (18c) A claim not arising out of, relating to, or involving the conduct, occurrence, or transaction contained in the original pleading.\u00a0 *\u00a0 An amended pleading often relates back to the date on which the original pleading was filed.\u00a0 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\u00a0pleading was filed. Fed. R. Civ. P. 15(c)<\/a>.<\/strong><\/span><\/span><\/p>\n

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identity of causes of action<\/span><\/a> – two actions asserting the same rights, demanding the same relief, and founded on the same fact.<\/span><\/strong><\/p>\n

joinder of causes of action<\/span><\/a> – union of two or more causes of action, each of which could be made the basis of a separate suit, in the same complaint, declaration, bill, or petition.<\/span><\/strong><\/p>\n

accrual of cause of action<\/span><\/a> – a cause of action generally accrues at the time of the injury, not at the time the damage is discovered.<\/span><\/strong><\/p>\n