Elements (of a case) - sustany/dvg GitHub Wiki

Elements of a case are the component parts of a legal claim or cause of action that a plaintiff must prove to win a lawsuit. Each legal claim consists of �elements� that the plaintiff must prove in order to prevail. The plaintiff can prevail in a civil case only if each element of the legal claim is proved by a �preponderance of the evidence�

For example, here are the elements of a �negligence� claim:�

1. The existence of a legal duty that the�defendant�owed to the�plaintiff
2. The defendant's breach of that duty
3. The plaintiff's sufferance of an injury
4. Proof that defendant's breach caused the injury�(typically defined through�proximate cause)

When a plaintiff brings a civil lawsuit against a defendant, they file a court document called a �complaint� that identifies the cause(s) of action and alleges the specific acts of the defendant that violated the law. In a negligence claim, the plaintiff would allege that the defendant had a duty and that they breached it, that their breach was the proximate cause of the plaintiff�s injuries, and that damages were sustained as a result.�

For information on elements of a criminal case, see elements of a crime here.