16:14
Justice as Fairness!
Warning
Info
LSDefine
Simple English definitions for legal terms
circuity of action
Read a random definition: de homine replegiando
A quick definition of circuity of action:
Term: Circuity of Action
Definition: Circuity of action is when someone takes a longer and more complicated legal route to resolve a dispute, instead of taking a simpler and more direct approach. This can happen when someone fails to bring up all their claims in one lawsuit, and instead brings multiple lawsuits for the same issue. This can make the legal process longer and more confusing than it needs to be. Rules have been put in place to prevent this from happening too often.
A more thorough explanation:
Definition: Circuity of action refers to a legal procedure that allows for duplicative lawsuits, which can lead to unnecessarily lengthy and indirect litigation. This can happen when a defendant fails to bring a counterclaim in the original lawsuit, but later brings a separate action to recover what could have been awarded in the first lawsuit.
For example, if someone sues their neighbor for property damage, but the neighbor fails to bring a counterclaim for their own damages, they cannot later bring a separate lawsuit for those damages. This would be considered circuity of action, as it would have been more efficient to address all claims in the original lawsuit.
Civil-procedure rules have been put in place to prevent circuity of action and streamline the legal process. However, it can still occur in certain situations.