Also known as: legal actions · lawsuit · action at law · suit
Written by attorneys · grounded in primary & secondary sources — see below
A judicial proceeding in which rights are determined. The term encompasses any suit or action brought in a court of law or equity to enforce or protect legal rights.
Lunar Dynamics manufactured a component in a foreign country and sold it to a distributor knowing the product might reach the United States. After a defect caused injury in the forum state, the injured party sued Lunar Dynamics there. The court declined jurisdiction because mere awareness that the product could enter the forum was insufficient to satisfy due process under the fair play and substantial justice test.
Leonard Lowe contracted with Linden Bank to pay a sum to Lucia Lopez as an intended beneficiary. When the bank failed to pay, Lopez filed suit seeking specific performance of the payment obligation. The court permitted Lopez to maintain the action because the promisee or beneficiary may enforce a duty owed to an intended beneficiary when specific performance is otherwise appropriate.
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Laura Lewis, a citizen of State A, filed suit in federal court against State B seeking damages for alleged constitutional violations. State B moved to dismiss on the ground that the Eleventh Amendment bars suits against a state by citizens of another state. The court granted the motion and dismissed the action.
After a jury returned a verdict for Landmark Realty in a contract dispute, Luna Lang moved for a new trial under Rule 59. The court granted the motion because the verdict was against the weight of the evidence, a ground historically recognized for granting new trials after jury verdicts in actions at law.
Lila Lin, a citizen of State A, filed a diversity action against Lakewood Manufacturing in federal court. At the time of filing both parties were citizens of different states. After the suit was filed Lakewood Manufacturing changed its citizenship. The court retained jurisdiction because diversity is measured at the time the suit is instituted.
Lorenzo Lugo owed a debt to Linden Bank. The parties entered an accord under which Lugo would transfer certain property in satisfaction of the debt. After Lugo performed but the bank refused to accept the property and release the original obligation, Lugo sued for specific performance of the accord. The court allowed the suit because breach of the accord by the obligee does not discharge the original duty and permits the obligor to seek specific performance of the accord.
Yes. The term encompasses any judicial proceeding, including actions at law and suits in equity, in which rights are determined.
Diversity must exist at the time the suit is instituted. Subsequent changes in citizenship after filing do not defeat jurisdiction once it has properly attached.
Yes. Where specific performance is otherwise appropriate, either the promisee or the beneficiary may maintain a suit for specific enforcement of a duty owed to an intended beneficiary.
Yes. The Judicial power of the United States does not extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another state.
The court may grant a new trial after a jury trial for any reason for which a new trial has heretofore been granted in an action at law in federal court.
Yes. Breach of the accord by the obligee does not discharge the original duty, but the obligor may maintain a suit for specific performance of the accord in addition to any claim for damages.
…whenever he receives an injury. It is a general rule that where there is a legal right there is also a legal remedy by suit or action at law. The government of the United States is a government of laws and not of men; it will cease to deserve that appellation if the laws furnish no remedy for the violation of vested legal…