What is a complaint? What are the elements of a complaint?
A complaint is a legal document that initiates a law suit. In a complaint template, a plaintiff is the person who files the petition and states under oath that the accused person or the defendant has committed a crime or a civil wrong. The elements of a complaint petition are:
- Heading - with the name of the court in which the case is initiated, names of the parties and a brief description of the document
- Jurisdiction of the court
- Parties identified as plaintiffs and defendants and address of the parties
- List of facts
- Cause of action
- Injury caused to plaintiff
- Relief or damages claimed
Can you tell me how to sue in a small claims court?
Small claims courts are courts that resolve smaller monetary disputes. Small claims courts provide an informal and simple proceeding to resolve cases. While filing a suit to sue in a small claims court, you should realize that such courts can award only limited monetary damages. In majority of states, the monetary limit is ten thousand dollars. In order to file a lawsuit in a small claims court, you should submit a small claims lawsuit application with the proper small claims court in your county. A small claims lawsuit complaint should contain:
- name and address of the parties to the lawsuits
- nature of the complaint
- damages claimed
Information on how to file a complaint in a small claim court as well as complaint forms and samples of on line forms to be filed in a small claim court are available on our website.
What is the difference between a civil complaint and a criminal complaint?
A civil complaint initiates a civil lawsuit. A civil complaint is filed to receive compensation or damages from a defendant or the opposing party. A criminal complaint initiates a criminal lawsuit and is filed to prosecute an accused party. Criminal cases are put on trial for and on behalf of the governmental authority that enforces the police power of the state. Once a criminal complaint is filed, the decision to prosecute or not is with the prosecutor. Even if a complainant pardons the accused after filing a complaint against him/her, the complainant cannot stop prosecution proceeding if the prosecutor determines that the lawsuit had merit. Civil and criminal complaints form samples are available on the US Legal Forms website.
What is a personal injury complaint?
A personal injury complaint is a civil petition filed seeking damages for a personal injury suffered. Personal injury is injury caused to a person accidentally by another's failure to use reasonable care. In a personal injury action, liability is based upon a defendant's failure to exercise reasonable care. Complainants can file a law suit for personal injury cases in civil courts. Personal injury complaints are filed often in motor accident cases. A template of the personal injury petition form is available on our website.
What is employment discrimination?
Employment discrimination is the unfair treatment by employers against an employee based on age, sex, race, religion, physical disability, or nationality. Many federal and state laws prohibit employment discrimination. Major federal statutes that protect employment discrimination are:
- Civil Rights Act of 1964
- Age Discrimination in Employment Act of 1967
- Americans with Disabilities Act of 1990
You can initiate a lawsuit if you have been discriminated against by your employer. The US Legal Forms website is the most trusted site for an employment discrimination complaint template.