Also known as:suits · suited · suing · suitor · suitors · lawsuit · action · litigant · petitioner
Written by attorneys · grounded in primary & secondary sources — see below
A proceeding by one party against another in a court of law to enforce a right or obtain a remedy.
Sources & Authorities
How it applies
Common Examples
6
Mortgage Foreclosure Action
Samantha Stone defaulted on payments to Sapphire Holdings after missing three installments on her commercial property loan. Sapphire Holdings initiated a proceeding to terminate Samantha Stone's equity of redemption and take title through a court-supervised sale. The court entered judgment for Sapphire Holdings after confirming proper notice to all junior interests.
Jury Demand in Contract Dispute
Sydney Santos sued Southland Foods for breach of a supply agreement seeking $150,000 in damages. Sydney Santos filed a timely jury demand under the Seventh Amendment. The district court empaneled a jury to decide the factual issues in the proceeding.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Seth Shapiro filed a complaint against Starlight Media in federal court alleging copyright infringement. Seth Shapiro sent a written notice and request for waiver of service to Starlight Media's registered agent as permitted by the rules. Starlight Media executed the waiver and avoided the expense of formal service of process.
Relevance Ruling on Evidence
Sierra Santos brought a personal injury action against Sapphire Technologies after a workplace accident. Sierra Santos offered internal safety reports showing prior similar incidents at the plant. The court admitted the reports because they tended to establish that the hazard was known and therefore of consequence to the negligence claim.
Attorney Withdrawal Request
Sean Steele represented Skylar Sullivan in a commercial dispute. Skylar Sullivan repeatedly instructed Sean Steele to file pleadings containing statements Sean Steele reasonably believed were false. Sean Steele moved to withdraw from the representation citing the client's insistence on pursuing a fraudulent course of action.
Federal Question Jurisdiction
Samantha Stone filed a complaint in federal court alleging that state officials violated her Fourth Amendment rights during a search. Samantha Stone asserted a right to relief directly under the Constitution without an express statutory cause of action. The court upheld jurisdiction because the claim arose under federal law.
Common questions
Frequently Asked
5
What distinguishes a suit from other legal proceedings?+
A suit is any proceeding by one party against another in a court of law to enforce a right or obtain a remedy. It is also termed a lawsuit or suit at law.
Supporting sources
Does the Seventh Amendment apply to every suit filed in federal court?+
The Seventh Amendment preserves the right to a jury trial in suits at common law where the value in controversy exceeds twenty dollars. It does not extend to suits in equity or admiralty.
When may a defendant waive service of a summons in a suit?+
A defendant subject to service under the applicable rules has a duty to avoid unnecessary expenses and may waive service after receiving a proper written notice and request from the plaintiff.
How does relevance under Rule 401 affect evidence offered in a suit?+
Evidence is relevant if it has any tendency to make a fact more or less probable and the fact is of consequence in determining the action.
Under what circumstances may a lawyer withdraw from representing a client in a suit?+
A lawyer may withdraw if the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent.
5 U.S. (1 Cranch) 137 (1803)Property
…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…