
The first element is the Cause of ActionThe CAUSE OF ACTION is a label for the particular category of lawsuit,
such as negligence, breach of contract, slander. More than a mere label or category, the
concept of cause of action implies a wrong for which the law provides a remedy.If the
plaintiff does not state a cause of action in the complaint, the defendant asks the court
to dismiss the case. The various categories of causes of action each have
"elements," all of which must be alleged to state a valid cause of action. ie.,
would make the case non-dismissible.
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Ponder v. Graham
4 Fla. 23 (1851)CAUSE OF ACTION: Petition to take dower in lieu of will
COMMENT: In lawsuits involving real property (real estate) and probate (settling estates of deceased person), the titles for the causes of action are often not the familiar 'breach of contract' "invasion of privacy' sorts of labels we find in personal injury and contract cases.

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