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Elements of a Cause of Action Facts supporting plaintiff's case are presented in numbered paragraphs First show court's jurisdiction in the matter Then show facts in a logical order Demonstrate legal breach Action at Law Damages are recovered Local actions: involve real property and must be filed in the county where the property is located. Transitory actions: involve personal injury, personal property and breach of contract. May be filed where the incident occurred or where defendant lives; breach of contract files where either party lives, or where contract is performs. Action in Equity Relief is sought - return of property, or performing or refraining from act Prerequisites: the plaintiff has no remedy at law, or plaintiff may suffer irreparable harm
Relief comes in the form of 1) an injunction, 2) specific performance, 3) rescission of the contract, 4) reformation (modification) of the contract.