CAUSE OF ACTION

The first element is the Cause of Action

The 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.
We cannot understand the opinion fully if we do not know the cause of action.
In some instances, and in the case here discussed, the label is not one of the more usual ones, but really addresses the REMEDY, which is what the plaintiff (or petitioner) is seeking to get from the court

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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