CAUSE OF ACTION
The fact or combination of facts that gives a person the right to seek judicial redress or relief against another. Also, the legal theory forming the basis of a lawsuit.
The cause of action is the heart of the complaint, which is the PLEADING that initiates a lawsuit. Without an adequately stated cause of action the plaintiff’ case can be dismissed at the outset. It is not sufficient merely to state that certain events occurred that entitle the plaintiff to relief. All the elements of each cause of action must be detailed in the complaint. The claims must be supported by the facts, the law, and a conclusion that flows from the application of the law to those facts.
The cause of action is often stated in the
form of a syllogism, a form of deductive reasoning
that begins with a major premise (the applicable
RULE OF LAW), proceeds to a minor
premise (the facts that gave rise to the claim),
and ends with a conclusion. In a cause of action
for BATTERY, the rule of law is that any intentional,
unpermitted act that causes a harmful or
offensive touching of another is a battery. This is
the major premise and is stated first. Supporting
facts, constituting the minor premise, appear
after the rule of law. For example, a statement of
facts for a case of battery might be “The plaintiff,
while walking through ABC Store on the afternoon
of March 11, 1998, was tackled by the
defendant, a security guard for the store, who
knocked the plaintiff to the floor and held her
there by kneeling on her back and holding her
arms behind her, while screaming in her ear to
open her shopping bag. These actions caused the
plaintiff to suffer injuries to her head, chest,
shoulders, neck, and back.” The cause of action
concludes with a statement that the defendant is
responsible for the plaintiff ’s injuries and that
the plaintiff is entitled to compensation from
the defendant.
The facts or circumstances that entitle a person
to seek judicial relief may create more than
one cause of action. For example, in the preceding
example, the plaintiff might assert claims for
assault, battery, intentional infliction of emotional
distress, and violation of CIVIL RIGHTS.
She might also bring claims for negligent hiring
(if the guard had a history of violent behavior
which the store failed to discover) or negligent
supervision. (When damages are caused by an
employee it is common to sue both the
employee and the employer.) All these causes of
action arise from the same set of facts and circumstances
but are supported by different rules
of law and constitute separate claims for relief.
A cause of action can arise from an act, a
failure to perform a legal obligation, a breach of
duty, or a violation or invasion of a right. The
importance of the act, failure, breach, or violation
lies in its legal effect or characterization and
in how the facts and circumstances, considered
as a whole, relate to applicable law. A set of facts
may have no legal effect in one situation,
whereas the same or similar facts may have significant
legal implications in another situation.
For example, tackling a shoplifting suspect who
is brandishing a gun is a legitimate action by a
security guard and probably would not support
a claim for relief if the suspect were injured in
the fracas. On the other hand, tackling a shopper
who merely acts in a suspicious manner while
carrying a shopping bag is a questionable exercise
of a guard’s duty and may well give rise to
JUSTICIABLE causes of action.
FURTHER READINGS
McCord, James W.H. “Drafting the Complaint: Defending
and Testing the Lawsuit.” Practicing Law Institute 447.
