Fact Pleading
Louisiana, a state that derives its legal tradition from the Spanish and French (as opposed to English common law), employs a system of fact pleading wherein it is only necessary to plead the facts that give rise to a cause of action. It is not necessary even for the petitioner to identify the cause of action being pleaded. Mere conclusory allegations such as "the defendant was negligent" are not, by themselves, sufficient to sustain a cause of action.
Other states are also fact-pleading jurisdictions. Illinois, for example, requires that a complaint "must assert a legally recognized cause of action and it must plead facts which bring the particular case within that cause of action."
Read more about this topic: Pleading, Systems of Pleading
Famous quotes containing the words fact and/or pleading:
“Because a person is born the subject of a given state, you deny the sovereignty of the people? How about the child of Cuban slaves who is born a slave, is that an argument for slavery? The one is a fact as well as the other. Why then, if you use legal arguments in the one case, you don’t in the other?”
—Franz Grillparzer (1791–1872)
“Sweet, let me go! Sweet, let me go!
What do you mean to vex me so?
Cease, cease, cease your pleading force!”
—Unknown. Sweet, Let Me Go! (L. 1–3)