failure to state cause of action

failure to state cause of action
Failure of the plaintiff to allege sufficient facts in the complaint to maintain action.
In other words, even if the plaintiff proved all the facts alleged in the complaint, the facts would not establish a cause of action entitling the plaintiff to recover against the defendant. The motion to dismiss for failure to state a cause of action is sometimes referred to as
(a) a demurrer (e.g. California) or
(b) a failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b).
See also directed verdict

Black's law dictionary. . 1990.

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  • failure to state cause of action — Failure of the plaintiff to allege sufficient facts in the complaint to maintain action. In other words, even if the plaintiff proved all the facts alleged in the complaint, the facts would not establish a cause of action entitling the plaintiff… …   Black's law dictionary

  • cause of action — The fact or facts which give a person a right to judicial redress or relief against another. The legal effect of an occurrence in terms of redress to a party to the occurrence. A situation or state of facts which would entitle party to sustain… …   Black's law dictionary

  • cause of action — The fact or facts which give a person a right to judicial redress or relief against another. The legal effect of an occurrence in terms of redress to a party to the occurrence. A situation or state of facts which would entitle party to sustain… …   Black's law dictionary

  • failure to state a claim (upon which relief may be granted) — n. A plaintiff’s failure to define and support a cause of action sufficient to support a case in court, resulting in dismissal of the case; see also Federal Rules of Civil Procedure The Essential Law Dictionary. Sphinx Publishing, An imprint of… …   Law dictionary

  • Cause of action — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • failure of proof — Inability or failure to prove the cause of action or defense in its entire scope and meaning. Breslin Griffitt Carpet Co. v. Asadorian, Mo.App., 145 S.W.2d 494, 496. Where evidence is such as would support either of two contradictory inferences,… …   Black's law dictionary

  • failure of proof — Inability or failure to prove the cause of action or defense in its entire scope and meaning. Breslin Griffitt Carpet Co. v. Asadorian, Mo.App., 145 S.W.2d 494, 496. Where evidence is such as would support either of two contradictory inferences,… …   Black's law dictionary

  • cause — 1 n 1: something that brings about an effect or result the negligent act which was the cause of the plaintiff s injury ◇ The cause of an injury must be proven in both tort and criminal cases. actual cause: cause in fact in this entry but–for… …   Law dictionary

  • State of New York —     State of New York     † Catholic Encyclopedia ► State of New York     One of the thirteen colonies of Great Britain, which on 4 July, 1776, adopted the Declaration of Independence and became the United States of America.     BOUNDARIES AND… …   Catholic encyclopedia

  • frivolous action — Groundless lawsuit with little prospect of success; often brought to embarrass or annoy the defendant. See failure to state cause of action …   Black's law dictionary

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