causa de pedir



cause of action


Definitions of cause of action

the facts that give rise to (=lead to) a lawsuit or a legal claim

The judge ruled that the federal Noise Control Act did not provide the plaintiff with a cause of action to sue in a federal district court.

Cause of action is the reason for which a claimant files a complaint, or suit, against someone. It's not the same as the right of action. You may have the right to sue someone for breach of contract. But if the contract has not been breached, then there's no cause of action. Some common causes of action include: negligence, malpractice, fraud, and defamation, but pretty much anything can be a cause of action as long as it has an accompanying right of action. A cause of action is divided into elements, and each element must be proved to win the case. For example, for a breach of contract case you have to prove the existence of a binding contact, including the identity of the parties to the contract, and the identity of the breaching party. You'd also need to show that the breaching party actually breached the contract.