cause of action

cause of action
A term difficult of precise definition, perhaps best defined as the fact or facts which establish or give rise to a right of action, in other words, give to a person a right to judicial relief. Fielder v Ohio Edison Co. 158 Ohio St 375, 109 NE2d 855, 35 ALR2d 1365. More summarily defined, a cause of action is the right which a party has to institute a judicial proceeding. 1 Am J2d Actions § 1. A cause of action is to be distinguished from right of action. A right of action is the right to enforce presently a cause of action, that is, a remedial right; a cause of action, on the other hand, is the operative fact or facts which give rise to a right of action. 1 Am J2d Actions § 2. A cause of action is a matter of substance concerned with the violation of a right, not a matter of remedy. 34 Am J1st Lim Ac § 45. But "cause of action" is synonymous with "action" in the sense that the survival of an "action" is the survival of a "cause of action." 1 Am J2d Abat & R § 1. See accrual of cause of action; identity of causes of action; joinder of causes of action; misjoinder of causes of action; separate cause of action; splitting a cause of action.

Ballentine's law dictionary. . 1998.

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