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LSDefine

Simple English definitions for legal terms

claim for relief

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A quick definition of claim for relief:

A claim for relief is a statement made by one party in court that explains why they should be able to win a case against another party. It's like telling the judge why you think you deserve to win. If you don't have a good claim for relief, your case might be dismissed. To have a good claim for relief, you need to explain why the other party did something wrong and how it hurt you. You can't start asking questions or looking for evidence until you have a good claim for relief.

A more thorough explanation:

A claim for relief is a statement of facts that a party presents in court to prove that they have the right to recover damages from a defendant. It is also known as a cause of action. If a lawsuit is filed without a claim for relief, it will be dismissed under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.

To survive a 12(b)(6) motion to dismiss, a claim for relief must be plausible and establish more than just the possibility of the defendant's liability. It must be stated at the pleading stage of litigation, and a party cannot use discovery tools until a claim for relief that survives a 12(b)(6) motion is established.

John sues Jane for breach of contract. In his complaint, John alleges that he and Jane entered into a contract for Jane to provide him with a car, but Jane failed to deliver the car. John's claim for relief is that Jane breached the contract by failing to provide the car, and he is seeking damages for the cost of renting a car while he waited for Jane to deliver the car.

This example illustrates a claim for relief because John is presenting a set of facts that he believes entitles him to recover damages from Jane. He is alleging that Jane breached their contract, and he is seeking relief in the form of damages for the cost of renting a car.

claim | claim in bankruptcy

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