Actionable law requires sufficient evidence to support a lawsuit. The plaintiff must state the cause of the action, provide supporting facts, and prove them. Filing a baseless lawsuit risks a malicious prosecution action. Careful review is necessary to ensure legal requirements are met before filing.
The term actionable law refers to a situation for which there is sufficient evidence to support the filing of a lawsuit. To be considered prosecutable, there must be sufficient facts to support the position that wrongdoing has occurred and to meet the legal requirements to bring a charge. You also need to be able to prove that these facts are true and can therefore corroborate the claim. If these prerequisites cannot be met, a lawsuit should not be filed.
To prove that a case is actionable, the plaintiff must first state the cause of the action. He or she must clearly outline the main premise of the case, which is what misconduct has taken place and what law has been broken. You must then provide the minor premise, or the facts in support of the question. This is then typically followed by the logical conclusion that a legal action can be brought against the defendant and that appropriate consequences should be foreseen.
Whether or not a situation is actionable may be open to some interpretation. The circumstances in which a potentially illegal activity occurs may not always be clear or the perceptions of the people involved may not always coincide. Thus, a lawsuit may be filed if the plaintiff and his or her legal counsel believe that the case is actionable but may not necessarily meet the required standards. A good example of this type of situation is in hostile environments sexual harassment lawsuits. Often these cases are based on another person’s perception of one person’s behavior and depend on their own definition of what happened.
If a lawsuit is filed that clearly does not meet the standards to be considered actionable, the plaintiff in that case risks the possibility of a separate lawsuit being filed in return. Known as a malicious prosecution action, it is the recourse for those who are subpoenaed with baseless or hostile allegations that are obviously false. This type of lawsuit typically allows the defendant in the original case to sue the plaintiff for monetary compensation for costs associated with the wrongful suit. In order to avoid this risk, it is very important that a plaintiff and their attorney carefully review their case and the supporting facts to ensure that the legal requirements are met before filing.
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