Legal Question in Civil Litigation in Texas
Use of the term ''Cause of Action''
I've seen the term ''cause of action'' used in legal documents, and I understand the meaning as defined in the law dictionary.
My question is, can a ''cause of action'' also refer to a legal document, or is there another name for a document wherein one (or more) cause of action is specified?
Thanks in advance.
2 Answers from Attorneys
Re: Use of the term ''Cause of Action''
A 'cause of action' deals strictly with the right to pursue a lawsuit for damages. It does not refer to any document.
A document involved may be a contract that the other side has breached, and the cause of action is damages for the breach of contract.
Re: Use of the term ''Cause of Action''
A plaintiff's petition, or a defendant's cross complaint, can cover more than one cause of action. Under Texas procedural law, a person must claim, if filing a suit, each and every cause of action that arises from the same set of factual circumstances. If not, those claims not made are subsequently barred.
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