A claim is a set of operative facts creating a right enforceable in court. The term claim is generally synonymous with the phrase cause of action, though some contexts prefer to use one of the terms over the other. For example, in the field...
civil procedure
claim for relief
A claim for relief is a particular set of facts that one party puts forth in a pleading in court to establish that they have a right to recover against a defendant. Stating a claim for relief is a synonym for stating a cause of action....
class
A class is a group of people or things defined by one or more common attributes. In a legal context, a class refers to all those persons who are in the same category, having the same type of rights or who have suffered from the same incident...
class action
Overview
A class action is a procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group, or "class". Put simply, the device allows courts to manage lawsuits that would otherwise be...
clean hands doctrine
The clean hands doctrine is based on the maxim of equity which states that one “who comes into equity must come with clean hands.” This doctrine requires the court to deny equitable relief to a party who has violated good faith with respect...
clean-hands doctrine
The clean-hands doctrine is the principle that a party’s own inequitable misconduct precludes recovery based on equitable claims or defenses. The doctrine requires that a party act fairly in the matter for which they seek a remedy. A party...
clear and convincing evidence
“Clear and convincing evidence” is a medium level burden of proof which must be met for certain convictions/judgments. This standard is a more rigorous to meet than preponderance of the evidence standard, but less rigorous standard to meet...
clearly erroneous
The “clearly erroneous” standard is a standard of review in civil appellate proceedings. In the United States v. United States Gypsum Co. the Supreme Court stated that the Federal Rule of Civil Procedure 52(a) provides that “a finding is ‘...
clearly erroneous test
The clearly erroneous test is a test used by appellate courts when reviewing a holding by a lower court. The test, established by Rule 52(a) of the Federal Rules Civil Procedure, states that fact findings by a judge in a nonjury trial stand...
closing argument
Closing argument is the lawyer’s final opportunity in a trial to tell the judge and/or jury why they should win the case. They do so by explaining how the evidence supports their theory of the case, and by clarifying for the jury any issues...