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:
“It is not merely the likeness which is precious ... but the association and the sense of nearness involved in the thing ... the fact of the very shadow of the person lying there fixed forever! It is the very sanctification of portraits I think—and it is not at all monstrous in me to say ... that I would rather have such a memorial of one I dearly loved, than the noblest Artist’s work ever produced.”
—Elizabeth Barrett Browning (1806–1861)
“We have been here over forty years, a longer period than the children of Israel wandered through the wilderness, coming to this Capitol pleading for this recognition of the principle that the Government derives its just powers from the consent of the governed. Mr. Chairman, we ask that you report our resolution favorably if you can but unfavorably if you must; that you report one way or the other, so that the Senate may have the chance to consider it.”
—Anna Howard Shaw (1847–1919)