Causes of Action

When I was in law school we learned about what are called "causes of actions". This generally means a set of facts that entitles one person to sue another for money or other remedy.  One of my favorites has always been burglary, because in order to have a cause of action for the crime of buglary (under the old English law) there had to be the following:

1. Breaking and entering
2. By night
3. A dwelling of another
4. with the intent to commit a felony therein

Why this is important? Because if one of the facts is missing then I am not guilty. For example, if I didn't enter at night, then technically it is not a burglary. Tough for you, I broke into your house at 12 p.m. (Modern law has closed all these loop holes)

Students get taught that identifying facts that support a cause of action is how the law works. 

Family law is quite different in this regard because we are mainly deciding issues of status. So in order to have a divorce, for example, the only question is: Are you married? In order to decide issues of child custody or support, the only question is: Are you a parent? A yes or no to these simple questions determine the cause of action and whether it can be brought.