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Action

ACTION

Conduct; behavior; something done; a series of acts.

A case or lawsuit; a legal and formal demand for enforcement of one's rights against another party asserted in a court of justice.

The term action includes all the proceedings attendant upon a legal demand, its adjudication, and its denial or its enforcement by a court. Specifically, it is the legal proceedings, while acause of action is the underlying right that gives rise to them. In casual conversation, action and cause of action may be used interchangeably, but they are more properly distinguished. At one time, it was more correct to speak of actions at law and of proceedings or suits in equity. The distinction is rather technical, however, and not significant since the merger of law and equity. The term action is used more often for civil lawsuits than for criminal proceedings.

Parties in an Action

A person must have some sort of legal right before starting an action. That legal right implies a duty owed to one person by another, whether it is a duty to do something or a duty not to do something. When the other person acts wrongfully or fails to act as the law requires, such behavior is a breach, or violation, of that person's legal duty. If that breach causes harm, it is the basis for a cause of action. The injured person may seek redress by starting an action in court.

The person who starts the action is the plaintiff, and the person sued is the defendant. They are the parties in the action. Frequently, there are multiple parties on a side. The defendant may assert a defense which, if true, will defeat the plaintiff's claim. A counterclaim may be made by the defendant against the plaintiff or a cross-claim against another party on the same side of the lawsuit. The law may permit joinder of two or more claims, such as an action for property damage and an action for personal injuries, after one auto accident; or it may require consolidation of actions by an order of the court. Where prejudice or injustice is likely to result, the court may order a severance of actions into different lawsuits for different parties.

Commencement of an Action

The time when an action may begin depends on the kind of action involved. A plaintiff cannot start a lawsuit until the cause of action has accrued. For example, a man who wants to use a parcel of land for a store where only houses are allowed must begin by applying for a variance from the local zoning board. He cannot bypass the board and start an action in court. His right to sue does not accrue until the board turns down his request.

Neither can a person begin an action after the time allowed by law. Most causes of action are covered by a statute of limitations, which specifically limits the time within which to begin the action. If the law in a particular state says that an action for libel cannot be brought more than one year after publication of a defamatory statement, then those actions must be initiated within that statutory period. Where there is no statute that limits the time to commence a particular action, a court may nevertheless dismiss the case if the claim is stale and if litigation at that point would not be fair.

A plaintiff must first select the right court, then an action can be commenced by delivery of the formal legal papers to the appropriate person. Statutes that regulate proper procedure for this must be strictly observed. A typical statute specifies that an action may be begun by delivery of a summons, or a writ on the defendant. At one time, common-law actions had to be pleaded according to highly technical forms of action, but now it is generally sufficient simply to serve papers that state facts describing a recognized cause of action. If this service of process is done properly, the defendant has fair notice of the claim made against him or her and the court acquires jurisdiction over him or her. In some cases, the law requires delivery of the summons or writ to a specified public officer such as a U.S. marshal, who becomes responsible for serving it on the defendant.

Termination of an Action

After an action is commenced, it is said to be pending until termination. While the action is pending, neither party has the right to start another action in a different court over the same dispute or to do any act that would make the court's decision futile.

A lawsuit may be terminated because of dismissal before both sides have fully argued the merits of their cases at trial. It can also be ended because of compromise and settlement, after which the plaintiff withdraws his or her action from the court.

Actions are terminated by the entry of final judgments by the courts. A judgment may be based on a jury verdict or it may be a judgment notwithstanding the verdict. Where there has been no jury, judgment is based on the judge's decision. Unless one party is given leave—or permission from the court—to do something that might revive the lawsuit, such as amending an insufficient complaint, the action is at an end when judgment is formally entered on the records of the court.

cross-references

Civil Procedure.

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"Action." West's Encyclopedia of American Law. . Encyclopedia.com. 17 Aug. 2017 <http://www.encyclopedia.com>.

"Action." West's Encyclopedia of American Law. . Encyclopedia.com. (August 17, 2017). http://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/action

"Action." West's Encyclopedia of American Law. . Retrieved August 17, 2017 from Encyclopedia.com: http://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/action

ACTION

ACTION

ACTION was a federal agency established by President Richard Nixon on 1 July 1971. Its intention was to make the service organizations established during the 1960s operate more efficiently. The programs absorbed were the Active Corps of Executives, the Peace Corps, the Retired Senior Volunteer Program, the Service Corps of Retired Executives, the National Student Volunteer Program, and Volunteers in Service to America (VISTA). In the 1980s, the Reagan administration urged private groups to take some of the load borne by VISTA, and VISTA itself was cut in personnel, thereby diminishing the power and influence of ACTION. In 1990, the National and Community Service Act further weakened ACTION's administrative role, and in 1993, the National and Community Service Trust Act absorbed ACTION into the Corporation for National and Community Service.

BIBLIOGRAPHY

"The National and Community Service Act of 1990." Available from http://www.cns.gov/about/ogc/legislation.html.

United States Congress, Senate Committee on Labor and Public Welfare, Special Subcommittee on Human Resources. Action Act of 1972 and Action Domestic Programs. Joint hearing before the Special Subcommittee on Human Resources and the Subcommittee on Aging of the Committee on Labor and Public Welfare, United States Senate, 92nd Congress, Second session on S. 3450and related bills, Older Americans Action Programs. Washinton, D.C.: Government Printing Office, 1972.

Kirk H. Beetz

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"ACTION." Dictionary of American History. . Encyclopedia.com. 17 Aug. 2017 <http://www.encyclopedia.com>.

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"ACTION." Dictionary of American History. . Retrieved August 17, 2017 from Encyclopedia.com: http://www.encyclopedia.com/history/dictionaries-thesauruses-pictures-and-press-releases/action

action

ac·tion / ˈakshən/ • n. 1. the fact or process of doing something, typically to achieve an aim: demanding tougher action against terrorism if there is a breach of regulations, we will take action. ∎  the way in which something such as a chemical has an effect or influence: the seeds require the catalytic action of water to release hotness. ∎  armed conflict: servicemen listed as missing in action during the war. ∎  a military engagement: a rearguard action. ∎  the events represented in a story or play: the action is set in the country. ∎ inf. exciting or notable activity: people in the media want to be where the action is. ∎ inf. betting. ∎  [as interj.] used by a movie director as a command to begin: lights, camera, action! 2. a thing done; an act: she frequently questioned his actions. ∎  a legal process; a lawsuit. ∎  a gesture or movement: his actions emphasized his words. 3. a manner or style of doing something, typically the way in which a mechanism works or a person moves: a high paddle action in canoeing. ∎  the mechanism that makes a machine or instrument work: a piano with an escapement action.

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"action." The Oxford Pocket Dictionary of Current English. . Encyclopedia.com. 17 Aug. 2017 <http://www.encyclopedia.com>.

"action." The Oxford Pocket Dictionary of Current English. . Encyclopedia.com. (August 17, 2017). http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/action-1

"action." The Oxford Pocket Dictionary of Current English. . Retrieved August 17, 2017 from Encyclopedia.com: http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/action-1

action

action action at a distance the exertion of force by one body on another separated from the first by empty space (in physics, and chiefly historical).
Action Man proprietary name for a type of male doll in combat dress, first developed in the 1960s, and now often used ironically in reference to a person supposedly resembling the doll.
action stations the positions taken up by military personnel in preparation for action (often as a command or signal to prepare for action).
action this day annotation as used by Winston Churchill at the Admiralty in 1940.

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"action." The Oxford Dictionary of Phrase and Fable. . Encyclopedia.com. 17 Aug. 2017 <http://www.encyclopedia.com>.

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"action." The Oxford Dictionary of Phrase and Fable. . Retrieved August 17, 2017 from Encyclopedia.com: http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/action

action

action XIV. — (O)F. — L. actiō, -ōn-, f. āct-; see ACT, -TION.
Hence actionable XVI. So active XIV. — L. āctīvus, partly through (O)F. actif, -ive. activity XV. — F. or late L. activate XVII. f. pp. stem of medL. āctivāre; later infl. by F. activer, G. aktivieren.

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"action." The Concise Oxford Dictionary of English Etymology. . Encyclopedia.com. 17 Aug. 2017 <http://www.encyclopedia.com>.

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"action." The Concise Oxford Dictionary of English Etymology. . Retrieved August 17, 2017 from Encyclopedia.com: http://www.encyclopedia.com/humanities/dictionaries-thesauruses-pictures-and-press-releases/action-2

action

action. The mechanism of a pf., org., or similar instr. which connects the kbd. and str., or the pipes and stops.

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"action." The Concise Oxford Dictionary of Music. . Encyclopedia.com. 17 Aug. 2017 <http://www.encyclopedia.com>.

"action." The Concise Oxford Dictionary of Music. . Encyclopedia.com. (August 17, 2017). http://www.encyclopedia.com/arts/dictionaries-thesauruses-pictures-and-press-releases/action

"action." The Concise Oxford Dictionary of Music. . Retrieved August 17, 2017 from Encyclopedia.com: http://www.encyclopedia.com/arts/dictionaries-thesauruses-pictures-and-press-releases/action

action

action, in law: see procedure.

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"action." The Columbia Encyclopedia, 6th ed.. . Encyclopedia.com. 17 Aug. 2017 <http://www.encyclopedia.com>.

"action." The Columbia Encyclopedia, 6th ed.. . Encyclopedia.com. (August 17, 2017). http://www.encyclopedia.com/reference/encyclopedias-almanacs-transcripts-and-maps/action

"action." The Columbia Encyclopedia, 6th ed.. . Retrieved August 17, 2017 from Encyclopedia.com: http://www.encyclopedia.com/reference/encyclopedias-almanacs-transcripts-and-maps/action

action

actionashen, fashion, passion, ration •abstraction, action, attraction, benefaction, compaction, contraction, counteraction, diffraction, enaction, exaction, extraction, faction, fraction, interaction, liquefaction, malefaction, petrifaction, proaction, protraction, putrefaction, redaction, retroaction, satisfaction, stupefaction, subtraction, traction, transaction, tumefaction, vitrifaction •expansion, mansion, scansion, stanchion •sanction •caption, contraption •harshen, Martian •cession, discretion, freshen, session •abjection, affection, circumspection, collection, complexion, confection, connection, convection, correction, defection, deflection, dejection, detection, direction, ejection, election, erection, genuflection, imperfection, infection, inflection, injection, inspection, insurrection, interconnection, interjection, intersection, introspection, lection, misdirection, objection, perfection, predilection, projection, protection, refection, reflection, rejection, resurrection, retrospection, section, selection, subjection, transection, vivisection •exemption, pre-emption, redemption •abstention, apprehension, ascension, attention, circumvention, comprehension, condescension, contention, contravention, convention, declension, detention, dimension, dissension, extension, gentian, hypertension, hypotension, intention, intervention, invention, mention, misapprehension, obtention, pension, prehension, prevention, recension, retention, subvention, supervention, suspension, tension •conception, contraception, deception, exception, inception, interception, misconception, perception, reception •Übermenschen • subsection •ablation, aeration, agnation, Alsatian, Amerasian, Asian, aviation, cetacean, citation, conation, creation, Croatian, crustacean, curation, Dalmatian, delation, dilation, donation, duration, elation, fixation, Galatian, gyration, Haitian, halation, Horatian, ideation, illation, lavation, legation, libation, location, lunation, mutation, natation, nation, negation, notation, nutation, oblation, oration, ovation, potation, relation, rogation, rotation, Sarmatian, sedation, Serbo-Croatian, station, taxation, Thracian, vacation, vexation, vocation, zonation •accretion, Capetian, completion, concretion, deletion, depletion, Diocletian, excretion, Grecian, Helvetian, repletion, Rhodesian, secretion, suppletion, Tahitian, venetian •academician, addition, aesthetician (US esthetician), ambition, audition, beautician, clinician, coition, cosmetician, diagnostician, dialectician, dietitian, Domitian, edition, electrician, emission, fission, fruition, Hermitian, ignition, linguistician, logician, magician, mathematician, Mauritian, mechanician, metaphysician, mission, monition, mortician, munition, musician, obstetrician, omission, optician, paediatrician (US pediatrician), patrician, petition, Phoenician, physician, politician, position, rhetorician, sedition, statistician, suspicion, tactician, technician, theoretician, Titian, tuition, volition •addiction, affliction, benediction, constriction, conviction, crucifixion, depiction, dereliction, diction, eviction, fiction, friction, infliction, interdiction, jurisdiction, malediction, restriction, transfixion, valediction •distinction, extinction, intinction •ascription, circumscription, conscription, decryption, description, Egyptian, encryption, inscription, misdescription, prescription, subscription, superscription, transcription •proscription •concoction, decoction •adoption, option •abortion, apportion, caution, contortion, distortion, extortion, portion, proportion, retortion, torsion •auction •absorption, sorption •commotion, devotion, emotion, groschen, Laotian, locomotion, lotion, motion, notion, Nova Scotian, ocean, potion, promotion •ablution, absolution, allocution, attribution, circumlocution, circumvolution, Confucian, constitution, contribution, convolution, counter-revolution, destitution, dilution, diminution, distribution, electrocution, elocution, evolution, execution, institution, interlocution, irresolution, Lilliputian, locution, perlocution, persecution, pollution, prosecution, prostitution, restitution, retribution, Rosicrucian, solution, substitution, volution •cushion • resumption • München •pincushion •Belorussian, Prussian, Russian •abduction, conduction, construction, deduction, destruction, eduction, effluxion, induction, instruction, introduction, misconstruction, obstruction, production, reduction, ruction, seduction, suction, underproduction •avulsion, compulsion, convulsion, emulsion, expulsion, impulsion, propulsion, repulsion, revulsion •assumption, consumption, gumption, presumption •luncheon, scuncheon, truncheon •compunction, conjunction, dysfunction, expunction, function, junction, malfunction, multifunction, unction •abruption, corruption, disruption, eruption, interruption •T-junction • liposuction •animadversion, aspersion, assertion, aversion, Cistercian, coercion, conversion, desertion, disconcertion, dispersion, diversion, emersion, excursion, exertion, extroversion, immersion, incursion, insertion, interspersion, introversion, Persian, perversion, submersion, subversion, tertian, version •excerption

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"action." Oxford Dictionary of Rhymes. . Encyclopedia.com. 17 Aug. 2017 <http://www.encyclopedia.com>.

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