Claim Of Cause (Essay Sample)

Introduction

Under the law, lawgivers have determined that a claim to cause is represented by having a set of facts which justify one person or group’s right to sue another for money or property. Claim to cause in this interpretation may also refer to the theory by which a complaint or suit can be brought against another person (which covers battery or breach of contract, among other things). While the concept exists in multiple legal systems, it is known by different names – English law calls it a Statement of Claim, while in the U.S. federal courts it is simply called a Complaint. This legal theory is any point of communication between the courts and the party to whom the claim of cause is addressed when there is a question of restitution for faults which resulted in damage. This initial claim often directly references what is expected to recompense for the damages.

Body

In order to pursue a claim of cause, the person who is bringing the suit first has to bring all the facts to the table which they intend to involve in the Complaint. These initial facts include both the nature of the Complaint (i.e. what has been done to bring people to this pass), as well as the remedy which the suit would think appropriate (i.e. re-numeration or some other form of damage-repaying) for the court to hand down in a sentence. It often happens that the person who is aiming for a claim of cause has sufficient material and cause for them to bring multiple Complaints to bear within the court system. Complaints are in general quite easy to file, but anybody who is looking to file one should take especial care that they have everything written down correctly, as any misstep in filing could result in their cause to claim being denied, and any rulings being made in favour of the people who would otherwise be defending themselves against the Complaint.

Cause to claim is something which can be brought as a Complaint for a huge variety of reasons, including but not limited to:

  • Contract actions
  • Statutory causes of actions
  • Assault
  • Battery
  • Invasion of privacy
  • Fraud\slander
  • Negligence
  • Intentional infliction of emotional distress
  • Unjust enrichment

A cause to claim is made up of several different parts, commonly called ‘elements’, without which they cannot work. A claim of negligence is therefore made up of four separate, yet equal elements: duty (the existence of it must be proved), the breach of that duty (including how it was breached), proximate cause (by or from the breach of duty), and finally the damages which were incurred (again, this section must be as detailed as possible). A Complaint must be as detailed as it is possible to be when being brought into court, as if the facts are not deemed sufficient to fully support each element which is present, the case may be dismissed by the court on account of an opposing motion which moves to dismiss the Complaint.

When a cause to claim is filed, the person it is directed at must in turn file an Answer to the Complaint. The claim to cause can be admitted or denied (though there must be good reasons for both claims), but they must be filed for there to be any chance of defeating the Complaint. In some cases, this Answer may also include a Complaint to counter the one made by the original person bringing the suit, though again, there must be good and detailed reasons for this.

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