Behavior; Behave; done something; a series of files.
A legal case or proceeding; a formal, legal right to assert rights against another party that are asserted in court.
The termactionincludes all procedures related to an application for protection, its decision and its denial or execution by a court. Specifically, it deals with legal proceedings, while acause of actionit is its underlying law. in casual conversationactionYcause of actionthey can be used interchangeably, but are distinguished more specifically. Before it was more correct to talk about lawsuits and proceedings or lawsuitsCapital social. However, the distinction is more technical in nature and has become meaningless since the merger of law and equity. The termactionmore commonly used for civil trials than criminal ones.
parties to an action
A person must have some legal right before starting an act. This legal right implies a duty that one person owes to another, either a duty to do something or a duty not to do something. If the other person acts unlawfully or fails to comply with what is required by law, such conduct constitutes a violation or breach of that person's legal duty. If that breach causes harm, that gives rise to a cause of action. The injured party can remedy the situation by filing a lawsuit in court.
The person bringing the action is the plaintiff and the person sued is the defendant. They are the parts in action. Often there are multiple parts on one side. The defendant may present a defense that, if correct, nullifies the plaintiff's claim. The defendant may file a counterclaim against the plaintiff or a counterclaim against another party on the same side of the dispute. the law allows itCarpenterof two or more claims, e.g. B. a property damage claim and a personal injury claim, after a car accident; or may require a consolidation of claims by court order. If injury or injustice is likely, the court may order a division of the claims into separate lawsuits for different parties.
beginning of an action
The time at which an action can start depends on the type of action in question. A plaintiff cannot bring an action until the cause of action has arisen. For example, a man who wants to use property for a business where only houses are allowed must first apply for an exemption from the local permit.zoningPlank. You cannot bypass the board and sue in court. Your right to sue does not applyAttackuntil the board denies your request.
A person also cannot bring a lawsuit after the time allowed by law has expired. Most causes of action fall under alimit period, which explicitly limits the time within which the action must start. If the law in a particular state provides that a lawsuit forDefamationcannot be filed more than one year after the publication of a defamatory statement, these actions must be filed within this legal period. If there is no law limiting the time to bring a particular claim, a court can still dismiss the case if the claim is out of date and litigation would not be fair at that time.
A plaintiff must first select the correct court, then a lawsuit can be started by serving the formal legal documents on the right person. For this, the laws that regulate due process must be strictly observed. A typical statute provides that a lawsuit can be brought by serving a summons or letter on the defendant. In the past, common law claims had to be brought along very technical lines.forms of action, but now it is generally sufficient to simply serve fact-establishing documents that describe an accepted cause of action. Yes thisprocess serviceduly served, the defendant has duly acknowledged the claim filed against him and the court becomes competent over him. In some cases, the law requires that the subpoena or letter be served on a designated officer, such as a US Marshal, who will be responsible for serving it on the defendant.
completion of an action
Once a lawsuit is started, it is considered pending until it is terminated. While the action is pending, neither party shall have the right to bring another action in any other court or to take any action to set aside the court's decision with respect to the same dispute.
A court case can be dropped by dismissal before both parties have fully presented the merits of their cases to the court. It can also be canceled bycompromise and comparison, so the plaintiff withdrew his action in court.
Trials are terminated by final court rulings. A verdict can be based on the verdict of a jury or on aVerdict Regardless of the verdict. When there is no jury, the verdict is based on the judge's decision. Unless one of the parties is granted permission, or the court's permission, to do something that could reignite the dispute, such as
West's Encyclopedia of American Law, Edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
N. a dispute in which one party (or parties) is suing another. (See:cause of action,Complain)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All rights reserved.
actiona legal procedure initiated by one party against another for the repair of damage or the recovery of what is owed; a demand.
Collins Dictionary of Law © W.J. Stewart, 2006
ACTION. Behavior, behavior, done something. The name of action is widely known to parents and, unlike passion, it includes all the activities of a living being. Vinnius, Comm. Book 4, Title. 6. Of the Actions.
2. Human actions have been divided into actions that are necessary or over which man has no control; and in free actions or that he can control at will. Since man is responsible only when he exercises his will, it is clear that lying can only be punished for the latter.
3. Actions are also divided into positive and negative actions. The first is called an act of commission, the second is the omission of something that must be done and is called an act of omission. A man can be liable for both acts of omission and acts of commission.
4. Actions are voluntary and involuntary. The first are done freely and without coercion; the latter not voluntarily, against the will or independently of the will. In general, a man is not responsible for his involuntary actions. Still, it was decided that if a maniac hurts a man, he should be charged with trespassing, even though killing a man is not a crime. See Hob. Rep. 134; Popham, 162; pam N.p. 68. See also coercion; Willpower.
ACTION, French com. Law. Shares in a company, shares in a corporation.
ACTION, in practice. The action is nothing other than the right to pursue in court what is owed. Only. Inst. Lib. 4, tit. 6; Vinnius, Kom. Actions are divided into criminal and civil. Bac. abbreviation actions, A.
2nd-1st A criminal offense is a criminal proceeding before a court on behalf of the government against a person or persons charged with a criminal offence. See 1 Chitlys Cr. Law.
3rd-2nd A civil action is a legal assertion of a claim, or is the legal form for the recovery of what is owed. Co.Litt. 285; 3 sheets Com.116; 9 Bouv. Institute No. 2639; additional domain des Lois Civiles, liv. 4, title 1, no. 1; flowerpot. General Introduction aux Coutumes, 109; 1 Sell. Pr. Introduction 4, pg. 73. First Prince. by partition. Law, B. 41 t. 1 sec. 1. The injunction is correctly called a claim until judgment, but not after, and therefore the release of all claims is not a regular bar to any enforcement. Co.Litt. 289a; Roll. Ab. 291. They are real, personal and mixed. An action is real or personal as property or personality is claimed; Not by type of defense. Republic of Willes 134.
4th-1st Genuine claims are those filed for specific land, tenure, or inheritance claim. steph Pl. 3. They are procedural when the claimant is trying to claim the property; or possession if he strives for possession. Finch's Law, 257, 8. See Bac.Abr. Actions, A, against. The actual shares are 1. Certificates; 2nd the deeds of registration that lie in the per, in the per et cui or in the mail, in case of dissemination, intrusion or alienation. 3d. Write ancestral possessions, such as mort d'ancester, help, vbesaiel[?], cosinage, or nuper obiit. Come to the ditch. Actions, D2. These trials used to resolve all real estate disputes; but now in practice they are almost universally neglected, owing to the great care required in their administration, and the inconvenient length of their process; Since then, a much faster method of attempting titles through other promotions, personals, and shuffles has been introduced. 3 Bl. Com. 118. See Booth on Real Actions.
5º-2º Personal actions are those exercised for the specific recovery of personal property; or for damages or other remedies for breach of contract or other breach of any kind; only the specific recovery of land, estates and inheritances is excepted. steph place 3; Come to the ditch. Actions, D 3; 3 Bouv. Inst. N. 2641. Personal actions proceed either from contracts or from grievances independent of contracts. The first are Account, Assumption, Agreement, Debt and Equity; see these words. In Connecticut and Vermont there is an action peculiar to those states called the Book Debt Action. 2 Swift system. CH 15. Actions for tort, injury or tort are trespassing, replacement, trespassing, trover. See these words and see Actio personalis moritur cum persona.
6º-3º Mixed lawsuits belong to some degree to the two previous classes and, therefore, cannot be reduced to any of them, since they are filed for the specific recovery of land, properties or inheritances and for damages suffered in relation to with said assets. steph place 3; Co.Litt. 284, b; Come to the ditch. Actions, D 4. Every mixed action, actually called that, is also a real action. The removal action is a personal action, and previously an assault and battery charge could be combined with a recount for the recovery of years of domestic custody.
7. Actions are also divided into local and temporary.
1. A local action is one in which the place must still be in the county where the cause of action actually arose. The locality of shares is based on common law principles in some cases and statutory law in others.
8. Of those that are local under common law, in the first place are all the claims in which the thing or thing to be restored is of a local nature. To this class belong true suits, wasteful suits, when brought under the Statute of Gloucester (6 Edw. I.) for recovery of damages, thelocus in quo, or wasted place; and ejection actions. Bac. abbreviation LocalActions, &c. a, a; Come to the ditch. actions, No. 1; 7 Cor. 2b; 2 bl. Rep. 1070. All of these are local because they are brought to recover the confiscation or possession of land or properties that are local subjects.
9-2 Several actions that do not seek direct recovery of land or estate are also local under common law; because they arise from a local problem or from the violation of a local right or interest.
ACTION, PROHIBITED, CIVIL LAW. An action taken to avoid a sale by virtue of a vice or defect in the thing being sold, which readers consider completely useless or so inconvenient and imperfect that it must be, assuming that the buyer would not have bought it, if he had known. . about the truck. Civil. Louis code. Art. 2496.
A legal dictionary adapted to the Constitution and laws of the United States. By John Bouvier. Published in 1856.