Also known as: demands · demanded · demanding · demandant · demandants · demandress · demandresses · claim
Written by attorneys · grounded in primary & secondary sources — see below
A formal request or assertion by which a party claims an entitlement to performance, payment, property, or other relief from another.
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Derek Douglas is charged with assault. He claims self-defense, making his peaceful character an essential element of the defense. At trial, Derek offers testimony from a coworker about a specific prior incident in which Derek peacefully de-escalated a confrontation at work rather than fighting. The court admits the specific instance because it directly proves the character trait placed in issue by the defense.
Dustin Donovan, a lawyer, receives a settlement check that his client and a third-party medical provider both claim. Donovan deposits the funds into his trust account and refuses to disburse any portion until the competing claims are resolved in court. Once the court determines the medical provider is entitled to $8,000, Donovan promptly distributes that amount while retaining the remainder for his client.
Dorothy Daniels leased a retail space from David Dawson for one year. After the lease term expired, Dorothy remained in possession without paying rent and without asserting any new ownership claim. David sues for possession, treating Dorothy as a tenant at sufferance whose continued occupancy is wrongful but does not ripen into any superior title.
Danielle Dixon sues Delta Dynamics alleging the company conspired to fix prices. Her complaint contains only a bare assertion that the defendants "agreed to raise prices" without any facts showing meetings, communications, or parallel conduct that would make the conspiracy plausible. The court dismisses the claim because the allegations fail to cross the line from possible to plausible.
Doris Duffy, a member of a member-managed LLC, believes the managers have wasted company assets. Before filing a derivative suit, Doris sends a written demand to the other members asking them to cause the LLC to sue the managers. Ninety days pass without any action by the members, satisfying the demand requirement and allowing Doris to proceed with the lawsuit.
A trustee holds assets subject to a federal tax lien and a private creditor's judgment. The Uniform Trust Code provides that the federal claim takes priority to the extent federal law so provides. The trustee therefore satisfies the federal demand before distributing any remaining assets to the private creditor.
A member must first make a demand on the other members or managers requesting that the company bring the action. The demand requirement is satisfied only if the managers or members fail to bring the action within a reasonable time.
The lawyer must keep the property separate until the dispute is resolved and must promptly distribute any portions as to which the interests are not in dispute.
The complaint must allege well-pleaded facts that, taken as true, make the claim plausible rather than merely possible. Conclusory allegations are disregarded.
…on which the opinion is founded. The court considered three questions: (1) Has the applicant a right to the commission he demands? (2) If he has a right and that right has been violated do the laws of his country afford him a remedy? (3) If they do afford him a remedy, is it a mandamus issuing from this court? First,…