legal-terms remedy
Is it inappropriate to &quot;demand&quot; when asking for remedy?
<p>IANAL,  but in my profession the word <strong>demand</strong> has a very negative connotation and is generally not used.</p>
<p>When asking for remedy in a pleading:</p>
<blockquote>
<p>Plaintiff respectfully demands that the judge find that ....</p>
</blockquote>
<p>Is said preamble offensive to the judge?  Is there a standard preamble that does not risk offending?</p>

<p>This is customary legal language in some places that doesn't have the negative connotations that it does in everyday life. The part of the pleading you are referring to is commonly called &quot;the Demand&quot;, &quot;the Prayer for Relief&quot;, or the &quot;Wherefore clause&quot; depending upon local custom.</p>
<p>In the part of Colorado where I practice, the customary phrase is usually:</p>
<blockquote>
<p>Wherefore, Plaintiff requests that the Court . . .</p>
</blockquote>
<p>But this is really just a matter of regional custom.</p>
<p>Relatedly, in some jurisdictions to sue for breach of contract you have to ask the breaching party to perform and that request, regardless of the actually language used, is usually called a &quot;demand for performance.&quot;</p>

<p>In the Common Law, where the courts run in an adversarial system, it is appropriate to make demands against the defendant (in a criminal trial, the demand is for justice to be served and is generally understood as the whole reason for the court proceedings.  In Civil Trials, the demand would be for the actions the defendant should take to return the situation to a whole and punitive actions).</p>
<p>Generally, when addressing the Finder of Law (Always the Judge) and the Finder of Fact (Either the Judge or the Jury depending on the nature of the case.).   Judges do not like to be told what to do... especially in their own court rooms, so generally the desired outcome is phrased as a request (&quot;We ask the court to find...&quot; &quot;We request the court rule...&quot;).</p>
<p>While the requested action is really what you are demanding be done, phrasing it in a more humble sounding language costs you nothing.   Were I in a judges' position and received a &quot;prayer for relief&quot; I will admit the implicit admission that the petition admits that he is aware I am God and give points for trying.</p>
