A complaint, in legal terminology, is a formal legal document that sets out the facts and legal reasons (see: cause of action In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The phrase may refer to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is) that the filing In law, filing is the act of submitting a document to the clerk of a court for the court's immediate consideration, for storage in the court's files, or both. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline. Usually a filing fee is paid at the same time; such filing fees are one party (the plaintiffs A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions, for the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an) believes are sufficient to support a claim against another person, persons, entity or entities (the defendants A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. (Note that American lawyers and judges often pronounce the word slightly differently than is common in standard American) that entitles the plaintiff(s) to a remedy A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will (either money damages Monetary damages, in civil law, refers to compensation given to an injured party by a liable party. Monetary damages may be restitution, a penalty, or both or injunctive relief An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the court's order. In some cases, breaches of). For example, the Federal Rules of Civil Procedure The Federal Rules of Civil Procedure govern civil procedure (i.e. for civil lawsuits) in United States district (federal) courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then approved by the United States Congress. The Court's modifications to the rules are usually based upon that govern civil litigation in United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.
In some jurisdictions, specific types of criminal cases may also be commenced by the filing of a complaint, also sometimes called a criminal complaint or felony complaint. All criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power Police power is the capacity of a state to regulate behaviors and enforce order within its territory, often framed in terms of general welfare, morals, health, and safety of the state with the goal of seeking criminal sanctions Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines. Within the civil law context, sanctions are usually monetary fines, levied, such as the State (also sometimes called the People) or Crown (in Commonwealth realms A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million; all but about two million live in the six most populous states, the United Kingdom, Canada, Australia, Papua New Guinea, New). In the United States, the complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process. In most U.S. jurisdictions, the charging instrument presented to and authorized by a grand jury In the common law, a grand jury is a type of jury that determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence and issuing indictments, or by investigating alleged crimes and issuing presentments. A grand jury is traditionally larger than and distinguishable from a petit jury, which is used is referred to as an indictment In the common law legal system, an indictment is a formal accusation that a person has committed a crime. In those jurisdictions which retain the concept of a felony, the serious criminal offence would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offence, i.e. an.
In many U.S. jurisdictions, a complaint submitted to a court must be accompanied by a Case Information Statement A Case Information Statement is a document which is filed with a court clerk at the commencement of a civil lawsuit in many of the court systems of the United States. It is generally filed along with the complaint. Some states use similar documents for criminal cases as well, which sets forth specific key information about the case and the lawyers A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver representing the parties A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. This allows the judge to make determinations about which deadlines to set for different phases of the case, as it moves through the court system.
In some countries, (for example Australia Unlike the government run ombudsman services, industry-based ombudsman resolve complaints made against their members, who are required to pay a yearly membership fee. Industry-based ombudsmen generally operate according to a constitution and are impartial in their decision-making. That is, they don't take sides - they are neither an industry nor a[1] and the UK The United Kingdom of Great Britain and Northern Ireland[note 7] is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of the island of Ireland, and many small islands. Northern Ireland is the only part of the UK with a land[2] and many countries of the European Community The European Community was the first of the three pillars of the European Union (EU) between 1992 and 2009. Created by the Maastricht Treaty (1992), it was based upon the principle of supranationalism and had its origins in the European Economic Community, the predecessor of the European Union. The Treaty of Lisbon abolished the entire pillar), the making of consumer complaints, particularly regarding the sale of financial services, is governed by statute A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law and the regulations issued by government agencies. Statutes are sometimes referred to as. The statutory authority may require companies to reply to complaints within set time limits, publish written procedures for handling customer dissatisfaction and provide information about arbitration schemes.
See also
- Airline complaints Airline complaints are any type of formal complaint filed by an airline customer either to the airline responsible for the grievance or the government office responsible for overseeing the airlines national industry. Airline complaints generally arise out of problems experienced during air travel that were left unresolved
- Better Business Bureau The Better Business Bureau , founded in 1912, is a corporation consisting of several private business franchises of local BBB organizations based in the United States and Canada, which work together through the Council of Better Business Bureaus (CBBB). The BBB goal is to foster a fair and effective marketplace, so that buyers and sellers can
- Consumer complaint
- Cause of action In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The phrase may refer to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is
- Federal Trade Commission The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act. Its principal mission is the promotion of "consumer protection" and the elimination and prevention of what regulators perceive to be harmfully "anti-competitive" business practices,
- Ombudsman An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing the broad scope of constituent interests. An indigenous Danish, Norwegian, and Swedish term, Ombudsman is etymologically rooted in the Old Norse word umbuðsmann, essentially meaning "representative&
- Online Complaint Management System Online Complaint Monitoring System is a system operated by the city of Mumbai, India. A Complaint Management System is one of latest productivity enhancement tools used widely by all organisations wherever there is a need of booking of complaints via operators and analysis of complaints which are made or are pending
- Petition A petition is a request to change something, most commonly made to a government official or public entity. Petitions to a deity are a form of prayer
- Plaintiff A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions, for the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an
- Pleading In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, such as a complaint, a demurrer, or an answer. A complaint is the first pleading filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give
- Service of process Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents (called "process&
References
- ^ "Australian Approved Complaint Services". http://www.fido.gov.au/fido/fido.nsf/byheadline/Financial+services+complaints+schemes?openDocument.
- ^ "Financial Ombudsman - UK". http://www.financial-ombudsman.org.uk/alia.
External links
- ComplaintCommunity - Complaints made easy! The leading free to use complaint management community serving consumers, organisations and all others in the process.
- Online Complaints Board
- Retenovate Complaint Management
Categories: Legal terms Categories: Legal communication | Terminology | Law | Legal documents
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