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A demand letter, letter of demand, [1] (of payment), or letter before claim, [2] is a letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution or performance of some obligation, owing to the recipients' alleged breach of contract, or for a legal wrong.
A demand letter is a formalized demand by a party that another party pay money or take certain acts, often accompanied by a claim that the second party has engaged in illegal conduct, with an implicit or explicit threat that the demanding party will take some form of legal action. [3]
An action is not given to one who is not injured. The requirement that in most private legal actions, the person bringing the action must have been damaged in some way. [2] Actus legis nemini facit injurium: The act of law injures no one. Actus non facit reum, nisi mens sit rea: No act is punishable that is not the result of a guilty mind.
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
A clerk for the New York County Supreme Court enters in the judgment for former President Donald Trump’s financial fraud trial and New York Attorney General Letitia James submits paperwork that ...
The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals. Either party may waive their opportunity to present a closing argument.