Chapter 5: Causes of Action and Litigation Strategies
How is a cause of action the basis for litigation?
A cause of action is the basis of litigation; if an individual believes they have been maltreated, all the elements of the litigation are met and eligible for a remedy (Goldman 86). A cause of action is a set of facts that provides the basis for a lawsuit and an eligible award for some judicial remedy. All the fundamentals of each cause of action must be acknowledged in the complaint. Factors considered in selecting a cause of action include; the facts that need to be proven, the source of the law to be applied, presented evidence, and the type of procedure to be adhered to.
Requirements and different types of jurisdiction
Jurisdiction is the sanctioned authority approved by a court to listen to cases and make the right judgments and decisions (Goldman 88). There are three components; jurisdiction over an individual, the court has the legal power to make decisions on behalf of the individual being sued. Jurisdiction over the subject matter, the power given to a court to listen to a particular type of claim being taken to court. Courts cannot relinquish subject-matter jurisdiction. Jurisdiction to render the specific judgment which depends on the subject matter and personal jurisdiction. The requirements for jurisdiction are real or standing controversy. The court has the legal authority to listen to a case and resolve the argument and the legal power to make judgments and enforce the dispute’s decision. The venue is choosing the court located in a specific state to listen to your argument. Venus rules occur to limit a defendant from petitioning a case in an excessive forum.
Goldman, Thomas F., and Alice Hart Hughes. “Civil Litigation: Process and Procedures (Custom Package)(2nd.”
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