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In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
[1] In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to ...
In the United States, even if a criminal charge for the defendant's conduct is normally a misdemeanor, sometimes a repeat offender will be charged with a felony offense. For example, the first time a person commits certain crimes, such as spousal assault, it is normally a misdemeanor, but the second time it may become a felony. [18]
Defendant (orally, Plaintiff and Defendant). The party against whom the complaint is made is the defendant; or, in the case of a petition, a respondent. Subsequent references to a case may use only one of the names, typically that of the first nongovernmental party. [6] Criminal cases are usually brought by the prosecution, not a plaintiff.
The said assessment also pertains to Informations presented under sections 810 and 810.1 of the Criminal Code. When the Crown Counsel is notified of a private Information or a 507.1 Criminal Code private prosecution process hearing, there is a procedural sequence to follow. It entails a review of the Information and related documents, an ...
The FBI has uncovered "additional criminal conduct" by New York City Mayor Eric Adams, federal prosecutors said in a new court filing Tuesday. Adams has already pleaded not guilty to a five-count ...
NEW YORK (Reuters) -President-elect Donald Trump will be sentenced on Jan. 10 in the criminal case in which he was convicted on charges involving hush money paid to a porn star, but is unlikely to ...
In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In a civil action the other party is known as the defendant. In a criminal case, the private party may be known as the defendant or the accused.