Also known as: actions at law · legal action · suit at law
Written by attorneys · grounded in primary & secondary sources — see below
A civil judicial proceeding brought to enforce or protect a legal right or to obtain redress for a wrong. The proceeding culminates in a judgment when pursued to conclusion.
Apex Motors faced a jury verdict after trial on product defect claims brought by Carla Diaz. The special verdict answers proved irreconcilably inconsistent. Apex moved for a new trial within twenty-eight days, and the court granted relief because the inconsistencies prevented the verdict from reliably resolving the issues in the proceeding.
William Marbury received a signed commission as justice of the peace that was never delivered. When the new administration withheld it, Marbury sued the Secretary of State. The proceeding sought to vindicate his legal right to the office through a judgment ordering delivery of the commission.
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Federal agents entered Webster Bivens's apartment without a warrant and conducted an unreasonable search. Bivens filed a proceeding seeking damages directly from the agents for the Fourth Amendment violation. The court recognized the proceeding as available to redress the constitutional injury.
An employee of Blue Ridge Rural Electrical Cooperative suffered a workplace injury and initially pursued a state compensation award. After accepting the award, the employee attempted to file a separate proceeding against the employer for additional damages. The court held the election barred the second proceeding.
Guaranty Trust held a note secured by a mortgage on property in New York. The note holder filed a proceeding to recover the debt after the state limitations period had run. The court applied the state statute to bar the proceeding because it was treated as an action at law.
Pennoyer obtained a default judgment against Neff in an Oregon proceeding to recover on a debt. The judgment purported to bind Neff's land located in Oregon even though Neff had not been served within the state. The court later held the proceeding lacked jurisdiction over Neff personally.
An action at law seeks a judgment awarding damages or other legal relief after a jury trial or bench trial under common-law procedures. A suit in equity seeks injunctive or other discretionary relief from a chancellor applying equitable principles. Modern rules have merged the two forms of proceeding in federal court, but the historical distinction still controls certain remedies and defenses.
A court may grant a new trial for any reason that historically supported that relief in actions at law. Inconsistent special verdict answers that cannot be reconciled constitute one such ground. The motion must be filed within twenty-eight days after entry of judgment.
Where a vested legal right has been violated, the law generally supplies a remedy through an action at law. The government of laws requires that courts furnish redress rather than leave the injury without remedy. Certain executive acts may remain political questions outside this rule.
…whenever he receives an injury. It is a general rule that where there is a legal right there is also a legal remedy by suit or action at law. The government of the United States is a government of laws and not of men; it will cease to deserve that appellation if the laws furnish no remedy for the violation of vested legal…