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A lawsuit begins when a complaint or petition, known as a pleading, [8] is filed with the court. A complaint should explicitly state that one or more plaintiffs seek(s) damages or equitable relief from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by the plaintiffs.
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 "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
The right to sue may refer to one of the following legal topics relating to a right to file a lawsuit ('sue' is the verb for the act of filing a lawsuit): . Right to petition - the right to petition the government, which in some jurisdictions includes the right to file a lawsuit
A ruling by a federal appeals court has breathed new life into a lawsuit brought against New York state by an Elmira wedding photographer.. Early in 2021, Emilee Carpenter, represented by the ...
Donald Trump's legal blitz to halt his sentencing in his criminal hush money case in New York continued Tuesday morning with his lawyers filing a 502-page lawsuit against Judge Juan Merchan and ...
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