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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).
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
The U.S. Justice Department (DOJ) filed a civil complaint in federal court alleging CVS Pharmacy filled unlawful prescriptions in violation of the Controlled Substance Act (CSA) and False Claims ...
In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2] Under the Federal Rules, a plaintiff's complaint merely needs to contain a short and plain statement of their cause of ...
For example, if two people think a law is unconstitutional, one might sue another in order to put the lawsuit before a court which can rule on its constitutionality. . Because courts generally reserve jurisdiction for situations in which there is an actual case or controversy – i.e., a real dispute between the parties – where such a suit is suspected, the court may refuse to exercise juris
The complaint, By Rick Rothacker and Aruna Viswanatha The U.S. government filed a civil mortgage fraud lawsuit on Tuesday against Wells Fargo & Co (WFC), the latest legal volley against big banks ...
Perhaps the best known case creating an implied cause of action for constitutional rights is Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). In that case, the United States Supreme Court ruled that an individual whose Fourth Amendment freedom from unreasonable search and seizures had been violated by federal agents could sue for the violation of the Amendment itself, despite the lack ...
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