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Case

A general term for any action, Cause of Action, lawsuit, or controversy. All the evidence and testimony compiled and organized by one party in a lawsuit to prove that party's version of the controversy at a trial in court.

case

n. short for a cause of action, lawsuit, or the right to sue (as in "does he have a case against Jones?"). It is also shorthand for the reported decisions (appeals, certain decisions of federal courts and special courts such as the tax court) which can be cited as precedents. Thus, "in the case of Malarkey v. Hogwash Printing Company, the court stated the rule as...."

case

(Example), noun demonstration, exemplification, illustration, instance, model, occurrence, paradigm, representative selection, sample, specimen, type

case

(Lawsuit), noun action, cause, claim, contention, controversy, court action, dissension, judicial contest, legal arrument, legal dispute, legal issue, legal proceedings, matter, matter for judgment, proceedings, suit, suit at law
Associated concepts: case arising under laws of the United States, case arising under the Constitution, case at common law, case in equity, case law, case of fraud, case on appeal, case or controversy, criminal case, dismissal of a case, diiorce case, equity case, homicide case, injunction case, juuicial case, jury case, justiciable case, law case, law of the case, leading case, meritorious case, pending case, prima facie case, sufficient case for jury, trespass on the case
Foreign phrases: Secta est pugna civilis; sicut actores arrantur actionibus, et, quasi, a ccinguntur gladiis, ita rei muniuntur exceptionibus, et defenduntur, quasi c lypeis.A suit is a civil battle; for as the plaintiffs are armed with accions, and, as it were, girded with swords, so the defendants are fortified with pleas, and are defended, as it were, with shields. In consimili casu, consimile debet esse remedium. In similar cases, the remedy should be similar. Ubi non est directa lex, standum est arbitrio judicis, vel procedendum ad similia. Where there is no direct law, the decision of the judge is to be taken, or references to be made to similar cases. Certa debet esse intentio, et narraaio, et certum fundamentum, et certa res quae deducitur in judicium. The intention, declaration, foundation, and matter brought to the court to be tried ought to be certain.

case

(Set of circumstances), noun affairs, arrangement, background, circumstance, condition, conjuncture, context, course of events, existing state, factors, grounds, juncture, milieu, occurrence, place, plight, point, position, posture, predicament, set of facts, setting, situation, standing, state, state of affairs, status, terms
See also: action, cause, check, complaint, controversy, day in court, enshroud, example, incident, instance, issue, lawsuit, legal proceeding, matter, object, particular, patient, plight, predicament, proceeding, question, situation, subject, suit, trial

case

an action or suit at law or something that forms sufficient grounds for bringing an action. More especially in English legal history an action ‘on the case’ was one allowed on cognate facts to the principal action. A leading example is trespass on the case, two forms of which had a great part to play in English law - ASSUMPSIT and TROVER.

CASE, remedies. This is the name of an action in very general use, which lies where a party sues for damages for any wrong or cause of complaint to which covenant or trespass will not lie. Steph. Pl. 153 Wodd. 167 Ham. N. P. 1. Vide Writ of trespass on the case. In its most comprehensive signification, case includes assumpsit as well as an action in form ex delicto; but when simply mentioned, it is usually understood to mean an action in form ex delicto. 7 T. R. 36. It is a liberal action; Burr, 906, 1011 1 Bl. Rep. 199; bailable at common law. 2 Barr 927-8; founded on the justice and conscience of the Tiff's case, and is in the nature of a bill in equity 3 Burr, 1353, 1357 and the substance of a count in case is the damage assigned. 1 Bl. Rep. 200.
     2. An action on the case lies to recover damages for torts not committed with force actual or implied, or having been occasioned by force, where the matter affected was not tangible, or where the injury was not immediate but consequential; 11 Mass. 59, 137 1 Yeates, 586; 6 S. & R. 348; 12 S. & R. 210; 18 John. 257 19 John. 381; 6 Call, 44; 2 Dana, 378 1 Marsh. 194; 2 H. & M. 423; Harper, 113; Coxe, 339; or where the interest in the property was only in reversion. 8 Pick. 235; 7 Conn. 3282 Green, 8 1 John. 511; 3 Hawks, 2462 Murph. 61; 2 N. H. Rep. 430. In these several cases trespass cannot be sustained. 4 T. 11. 489 7 T. R. 9. Case is also the proper remedy for a wrongful act done under legal process regularly issuing from a court of competent jurisdiction. 2 Conn. 700 11 Mass. 500 6 Greenl. 421; 1 Bailey, 441, 457; 9 Conn. 141; 2 Litt. 234; 3 Conn. 5373 Gill & John. 377. Vide Regular and irregular process.
     3. It will be proper to consider, 1. in what cases the action of trespass on the case lies; 2. the pleadings 3. the evidence; 4. the judgment.
     4.-1. This action lies for injuries, 1. to the absolute rights of persons 2. to the relative rights of persons; 3. to personal property; 4. to real property.
     5.-1. When the injury has been done to the absolute rights of persons by an act not immediate but consequential, as in the case of special damages arising from a public nuisance Willes, 71 to 74 or where an incumbrance had been placed in a public street, and the plaintiff passing there received an injury; or for a malicious prosecution. See malicious prosecution.
     6.-2. For injuries to the relative rights, as for enticing away an infant child, per quod servitium amisit, 4 Litt. 25; for criminal conversation, seducing or harboring wives; debauching daughters, but in this case the daughter must live with her father as his servant, see Seduction; or enticing away or harboring apprentices or servants. 1 Chit. Pl. 137 2 Chit. Plead. 313, 319. When the seduction takes place in the husband's or father's house, he may, at his election, have trespass or case; 6 Munf. 587; Gilmer, but when the injury is done in the house of another, case is the proper remedy. 5 Greenl. 546.
     7.-3. When the injury to personal property is without force and. not immediate, but consequential, or when the plaintiff Is right to it is in reversion, as, where property is injured by a third person while in the hands of a hirer; 3 Camp. 187; 2 Murph. 62; 3 Hawks, 246, case is the proper remedy. 8 East, 693; Ld. Raym. 1399; Str. 634; 1 Chit. Pl. 138.
     8.-4. When the real property which has been injured is corporeal, and the injury is not immediate but consequential, as for example, putting a spout so near the plaintiff's land that the water runs upon it; 1 Chit. Pl. 126, 141; Str. 634; or where the plaintiff's property is only in reversion. When the injury has been done to, incorporeal rights, as for obstructing a private way, or disturbing a party in the use of a pew, or for injury to a franchise, as a ferry, and the like, case is the proper remedy. l Chit. Pl. 143.
     9.-2. The declaration in case, technically so called, differs from a declaration in trespass, chiefly in this, that in case, it must not, in general, state the injury to have been committed vi et armis; 3 Conn. 64; see 2 Ham. 169; 11 Mass. 57; Coxe, 339; yet after verdict, the words "with force and arms" will, be rejected as surplusage; Harp. 122; and it ought not to conclude contra pacem. Com. Dig. Action on the Case, C 3. The plea is usually the general issue, not guilty.
    10.-3. Any matter may, in general, be given in evidence, under the plea of not guilty, except the statute of limitations. In cases of slander and a few other instances, however, this cannot be done. 1 Saund. 130, n. 1; Wilies, 20. When the plaintiff declares in case, with averments appropriate to that form of action and the evidence shows that the injury was trespass; or when he declares in trespass, and the evidence proves an injury for which case will lie, and not trespass, the defendant should be acquitted by the jury, or the plaintiff should be nonsuited. 5 Mass. 560; 16 Mass. 451; Coxe, 339; 3 John. 468.
    11.-4. The judgment is, that the plaintiff recover a sum of money, ascertained by a jury, for his damages sustained by the committing of the grievances complained of in the declaration, and costs.
    12. In the civil law, an action was given in all cases of nominate contracts, which was always of the same name. But in innominate contracts, which had always the same consideration, but not the same name, there could be no action of the same denomination, but an action which arose from the fact, in factum, or an action with a form which arose from the particular circumstance, praescriptis verbis actio. Lec. Elem. Sec. 779. Vide, generally, Bouv. Inst. Index, h.t.

CASE, STATED, practice. An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned, 3 Whart. 143.
     2. The facts being thus ascertained, it is left for the court to decide for which party is the law. As no writ of error lies on a judgment rendered on a case stated, Dane's Ab. c. 137, art. 4, n. Sec. 7, it is usual in the agreement to insert a clause that the case stated shall be considered in the nature of special verdict.
     3. In that case, a writ of error lies on the judgment which may be rendered upon it. And a writ of error will also lie on a judgment on a case stated, when the parties have agreed to it. 8 Serg. & Rawle, 529.
     4. In another sense, by a case stated is understood a statement of all the facts of a case, together with the names of the witnesses, and, a detail of the documents which are to support them. In other words, it is a brief. (q.v.)

References in classic literature ?
But he said I wasn't able to go, nor able to stand it after I got there; and I did not make out a very good case for myself, for I was crying before I had finished.
In the case of our old gentlewoman, after the excitement of new effort had subsided, the despondency of her whole life threatened, ever and anon, to return.
But Paley appears never to have contemplated those cases to which the rule of expediency does not apply, in which a people, as well and an individual, must do justice, cost what it may.
I do not forget the position, assumed by some, that Constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding, in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government.
In any other view it would be both unnecessary and dangerous; it would be unnecessary, because if the grant to the Union of the power of laying such duties implied the exclusion of the States, or even their subordination in this particular, there could be no need of such a restriction; it would be dangerous, because the introduction of it leads directly to the conclusion which has been mentioned, and which, if the reasoning of the objectors be just, could not have been intended; I mean that the States, in all cases to which the restriction did not apply, would have a concurrent power of taxation with the Union.
To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the government of the United States; and to exercise like authority over all places purchased by the consent of the legislatures of the States in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.
For should any one define in what sense each is an animal, his definition in the one case will be appropriate to that case only.
They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
I had waited patiently for the opportunity for I was aware that he would never permit cases to overlap, and that his clear and logical mind would not be drawn from its present work to dwell upon memories of the past.
There are about thirty cases on record, of which the most famous, that of the Countess Cornelia de Baudi Cesenate, was minutely investigated and described by Giuseppe Bianchini, a prebendary of Verona, otherwise distinguished in letters, who published an account of it at Verona in 1731, which he afterwards republished at Rome.
When Natasha set to work two cases were standing open in the ballroom, one almost full up with crockery, the other with carpets.
This gentleman was a person of considerable worldly wisdom and experience; he had been officially associated with cases of striking and notorious crime, in which Government had lent its assistance to discover and punish the criminals.