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Ethics is knowing the difference between what you have a right to do and what is right to do.
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Legal Definitions - jus actionis
Definition of jus actionis
Jus actionis refers to the legal right or entitlement an individual or entity has to initiate a lawsuit or legal proceeding in a court of law. It signifies the ability to bring a claim before a judicial body to enforce a right, seek a remedy, or resolve a dispute.
Here are some examples illustrating the concept of jus actionis:
Example 1: Breach of Contract
Imagine a small business, "Green Gardens Landscaping," enters into a contract with a client to design and install a new garden. Green Gardens completes the work as agreed, but the client refuses to pay the final invoice. In this situation, Green Gardens Landscaping has the jus actionis to sue the client for breach of contract to recover the unpaid amount. Their legal right to bring this claim to court is their jus actionis.
Example 2: Personal Injury Claim
Consider a pedestrian who is hit by a car while crossing the street, sustaining injuries due to the driver's negligence. The injured pedestrian possesses the jus actionis to file a personal injury lawsuit against the negligent driver. This legal right allows them to seek compensation for their medical expenses, lost wages, and pain and suffering through the court system.
Example 3: Property Dispute
Suppose a homeowner discovers that their neighbor has built a fence several feet onto their property, encroaching on their land. The homeowner has the jus actionis to take legal action against the neighbor. This could involve filing a lawsuit to demand the removal of the fence, establish the correct property line, or seek damages for the trespass. Their ability to bring this dispute before a court is their jus actionis.
Simple Definition
Jus actionis is a Latin term primarily used in Scots law. It signifies a "right of action," which is the legal entitlement of an individual or entity to initiate a lawsuit or legal proceeding in court.