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:
“Twenty or thirty years ago, in the army, we had a lot of obscure adventures, and years later we tell them at parties, and suddenly we realize that those two very difficult years of our lives have become lumped together into a few episodes that have lodged in our memory in a standardized form, and are always told in a standardized way, in the same words. But in fact that lump of memories has nothing whatsoever to do with our experience of those two years in the army and what it has made of us.”
—Václav Havel (b. 1936)
“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)