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1.9: What is a "Cause of Action"?




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This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.

1.9: What is a "Cause of Action"?


This can be thought of as "The Cause of Police Action",
or "The Cause of State Action". From [Gifis]:

"Claim in Law sufficient to demand judicial attention."

The elements of a valid Claim are:

1: A right
2: An injury
3: A petition for compensation (money or property).
a.k.a., a "prayer for damages".

Once again, we see that before the force of the people/government
(the Police, the militia, etc.) can act, there should be
an injured victim, and a complaint by the injured party.

This notion has a long history, and is derived from
concepts in Common Law, the long unwritten legal code of
our ancient European ancestors.

 

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