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Forms of Action

Real Actions

Royal power was first and most vigorously asserted in disputes involving land because all of society was organized under the land tenure system of the feudal law. The foundation of this system was the principle that no one should be deprived of his interest in real property without a fair judgment against him, and no one should be made to answer a challenge to his rights without the king's command in a writ. The protection of these individual rights was so important to the stability of the society that the procedures for resolving land disputes became very formal. The forms for these lawsuits, called real actions, determined the way facts could be presented to constitute a legal CAUSE OF ACTION, the defenses to such claims, and the remedies available for a successful plaintiff.

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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Filiation Proceeding to Freedom from encumbranceForms of Action - Origin Of The Forms Of Action, Real Actions, Personal Actions, Forms Of Action In The United States