Form of Action Law and Legal Definition

Form of action refers to the common-law legal and procedural device associated with a particular writ. Each of the writs had specific forms of process, pleading, trial, and judgment. Generally, forms of action are regarded as different methods of procedure adapted to cases of different kinds. However, in fact the choice between forms of action is primarily a choice between different theories of substantive liability and the scope of the actions measures the existence and extent of liability at common law.