After the trial, the prayer of relief or the request for a verdict appears. The prayer of reparation, commonly referred to as a clause, requires a judgment for the plaintiff and an appeal in the form of the appeals requested by the plaintiff. The applicant may apply for release in various forms. Pecuniary damages are compensation for injuries and losses. General pecuniary damages cover injuries that are directly related to the defendant`s actions – such as pain and suffering or emotional distress. Special pecuniary damages arise indirectly from the defendant`s actions and may include loss of wages or medical bills. The court awards exemplary or punitive damages if the defendant`s actions are particularly outrageous. The purpose of punitive damages is to punish the defendant and deter similar misconduct. Other types of damage include recovery of property, injunctions and the specific performance of a contractual obligation. The plaintiff may request another remedy or several different types of remedies in the same complaint (Fed. R. Civ. p.
8[a]). Courts with limited substantive jurisdiction, such as federal courts, require the complaint to prove that the court has jurisdiction to rule on the case. In courts of general jurisdiction, like most state courts, a claim for jurisdiction is not necessary. Federal courts and other jurisdictions that follow the Federal Rules of Civil Procedure require a short and simple pleading called a notice plea. The brief informs the defendant of the allegations and the basis of the claim. The rules require that the complaint include “a brief and clear explanation of the claim that the plea is entitled to redress” (Fed. R. Civil at p. 8 [a]).
Rule 8(c)(1) states that “Any reversal of a pleading is simple, concise and direct.” is the first document filed with the court (in fact the clerk or clerk of the county) by a person or organization asserting legal rights against another. The party filing the complaint is usually referred to as the plaintiff, and the party against whom the claim is filed is called the defendant or defendant. Complaints are pleadings and must be carefully drafted (usually by a lawyer) to properly state the factual and legal basis of the claim, although some states have approved complaint forms that can be completed by an individual. A complaint must also comply with the legal requirements of the form. For example, a complaint must be typed on a certain type of paper or on court-approved forms, both the party making the claim and all defendants, and indicate what damages or performance will be sought (the prayer). When the complaint is filed, the clerk issues a subpoena indicating the name and file number of the lawsuit, as well as the address of the lawyer who filed the complaint, asking the defendants to have some time to file a response or other response. A copy of the complaint and subpoena must be served on a defendant before a response is required. The appeal must be accompanied by a filing fee to be paid to the clerk of the court, unless a waiver of poverty is obtained. (See: pleadings, legend, reply, service, subpoena, in forma pauperis) A civil action brings a civil action by asserting a claim against the court for compensation for the damage caused by the defendant or for unlawful conduct. The complaint describes any of the applicant`s theories or causes of action regarding exemption (e.g., B, negligence, assault and battery) and the facts that support each cause of action. The complaint also serves as an indication to the defendant that legal proceedings are pending. The Federal Rules of Civil Procedure govern the interpretation of complaints filed before the federal courts.
Many state courts follow the same or similar rules as federal courts. The legend opens the complaint and indicates the place of action, the court, the file number or the file number and the title of the action. Each party to the lawsuit must be identified in the legend and must be a genuine interested party, that is, either a person who has been injured or harmed in some way, or a person accused of causing the injury or damage. In addition, a party must be able to sue or be sued. For example, if a party is unable to do so due to mental incompetence, the action may be dismissed. Any number of parties can be named and united in a single dispute, provided that all meet the capacity requirements and that all are true stakeholders. A criminal complaint must state the facts that constitute the offence and must be supported by a probable reason. It can be initiated by the victim, a police officer, the district attorney or any other interested party. Once the complaint is filed, it is submitted to a judge who will examine it to determine whether there is sufficient reason to issue an arrest warrant. If the judge determines that the complaint does not give sufficient probable cause, the complaint will be dismissed and an arrest warrant will not be issued. The complaint is filed under oath in Federal Court (Fed. R.
Crim. p. 3). The most critical part of the complaint is the claim or cause of action. The claim is a concise and direct presentation of the basis on which the claimant seeks compensation. It sets out the rule of law that forms the basis of the prosecution and sets out the facts that support the rule of law. Finally, the action finds that the defendant violated the rule of law and thereby caused the plaintiff`s injury or injury, and that the plaintiff has the right to appeal. For example: A claim for negligence for negligence could begin with a statement that the defendant owes the plaintiff a duty of care; that the defendant has failed to fulfil this obligation; and that the plaintiff has suffered injury or other damage as a result. The conclusion then states that, because the defendant`s violation was the cause of the plaintiff`s violations, the plaintiff is entitled to compensation from the defendant. The complaint may specify separate claims or theories of legal protection in separate points.
For example, in cases of negligence, count 1 may be considered negligence, count 2 for a breach of warranty and count 3 for fraud. Each count contains a separate statement of the rule of law, in support of the facts and conclusions. There is no limit to the number of charges a requester can include in a complaint. A criminal complaint incriminates the named person or an unknown person with a specific crime. For example, after the bombing of a federal building in Oklahoma City in 1995, authorities filed a lawsuit against John Doe accusing one or more unknown individuals of the crime. Kahan, Jeffrey B. 2001. “How to respond to complaints”. Los Angeles Attorney 24 (April). the means of bringing a civil action; in criminal law, the document that establishes the basis on which a person is to be charged with a criminal offence. .