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Elements of a Cause of Action
Facts supporting plaintiff's case are presented in numbered paragraphs
First show court's jurisdiction in the matter
Then show facts in a logical order
Demonstrate legal breach
Action at Law
Damages are recovered
Local actions: involve real property and must be filed in the county where the property is located.
Transitory actions: involve personal injury, personal property and breach of contract. May be filed where the incident occurred or where defendant lives; breach of contract files where either party lives, or where contract is performs.
Action in Equity
Relief is sought - return of property, or performing or refraining from act
Prerequisites: the plaintiff has no remedy at law, or plaintiff may suffer irreparable harm
Relief comes in the form of 1) an injunction, 2) specific performance, 3) rescission of the contract, 4) reformation (modification) of the contract.
