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What does "same set of facts" mean in a civil lawsuit?

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What does "same set of facts" mean in a civil lawsuit?

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  1. It either means there is also a criminal case and you are suing or being sued under the same facts presented in that case.

    Or the respondent to the civil lawsuit is saying yes- those are the facts, but......... this is where they can say, "yes the cars hit each other and sustained major damage, but........"

    Hope that helps


  2. The previous answerer is correct except that the example he used is actually an exception to the rule in many states. Perhaps not in the state where he practices, but in New York, where I just took the bar, you can sue for divorce and later sue for battery and divorce arose from the same set of facts. Usually, though, you have to include everything from the same set of facts in one case.

  3. From a lawyer.  All causes of action for the set of facts relating to a civil case are included in any litigation on that set of facts.  For example, wife sues husband for divorce which is granted, then she decides to sue her ex-husband for assault and battery in civil court, even though she brought that up as grounds for the divorce.  She can't do that because both cause of action were based on the same set up facts and the final judgment was final as to all causes of action in the same set of facts.

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