Also known as:lawsuits · law suit · law-suit · suit · civil action
Written by attorneys · grounded in primary & secondary sources — see below
A proceeding in a court of law by which a party seeks to enforce a legal right or obtain a remedy for an injury. The term encompasses both actions at law and suits in equity and is commenced by filing a complaint.
Sources & Authorities
How it applies
Common Examples
6
Indemnity Claim Against Foreign Manufacturer
Lakeshore Industries, a U.S. company, files a lawsuit in California against a Japanese parts maker after a product it assembled causes injury in the state. The Japanese firm had only placed components into the stream of commerce with awareness they might reach California. The court dismisses the action because the contacts are insufficient to support personal jurisdiction under the fair play analysis.
State Claim Joined With Federal Diversity Suit
Lily Lopez sues in federal court on a federal question claim against Lotus Pharmaceuticals and adds a related state-law tort claim against an additional defendant. The court exercises jurisdiction over the state claim because it forms part of the same case or controversy as the federal claim.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Beneficiary Seeks Specific Performance
Lucas Lee contracts with Legacy Motors to deliver a custom vehicle to Leah Lamb as an intended beneficiary. When Legacy Motors refuses delivery, Leah files a lawsuit seeking specific enforcement of the duty owed to her. The court permits the action because the beneficiary may maintain suit for specific performance.
Suit Barred By Sovereign Immunity
Lola Langley, a citizen of State B, commences a lawsuit in federal court against State A seeking damages for breach of contract. The court dismisses the action because the Eleventh Amendment bars suits against a state by citizens of another state.
Motion For New Trial After Bench Trial
After losing a nonjury trial on a contract claim, Lorenzo Lugo files a motion for a new trial under Rule 59. The court grants the motion and reopens the judgment because rehearing grounds recognized in equity are satisfied.
Service Of Criminal Summons By Authorized Officer
Federal agents serve a summons on Leo Lynch in a criminal case. The court upholds service because only a marshal or other authorized officer may execute a warrant or serve a summons under the criminal rules.
Common questions
Frequently Asked
5
Does filing a lawsuit in state court automatically confer federal jurisdiction over related claims?+
No. Supplemental jurisdiction under 28 U.S.C. § 1367(a) requires that the additional claims form part of the same case or controversy as a claim already within the district court's original jurisdiction.
Can an intended beneficiary bring a lawsuit to enforce a contract?+
Yes. Under Restatement (Second) of Contracts § 307, an intended beneficiary may maintain a suit for specific enforcement of the duty owed to the beneficiary when specific performance is otherwise appropriate.
Does the Eleventh Amendment bar every lawsuit against a state?+
The Eleventh Amendment bars suits in federal court against a state by citizens of another state or foreign subjects, but it does not apply to suits by the state's own citizens or to certain federal enforcement actions.
When may a court grant a new trial after a nonjury trial?+
After a nonjury trial a court may grant a new trial for any reason for which a rehearing has been granted in a suit in equity, and it may open the judgment, take additional testimony, and amend findings.
Who is authorized to serve a summons in a federal criminal case?+
Only a marshal or other authorized officer may execute a warrant. Any person authorized to serve a summons in a federal civil action may serve a summons in a criminal case.
5 U.S. (1 Cranch) 137 (1803)Property
…the laws 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…
Constitutional LawIndividual rights · Other protections, including the privileges and immunities clauses, the contracts clause, unconstitutional conditions, bills of attainder, and ex post facto lawsUBEIntermediate