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Complaint - Civil Complaint

plaintiff defendant relief damages

A civil complaint initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused, or wrongful conduct engaged in, by the defendant. The complaint outlines all of the plaintiff's theories of relief, or causes of action (e.g., NEGLIGENCE, BATTERY, assault), and the facts supporting each CAUSE OF ACTION. The complaint also serves as notice to the defendant that legal action is underway. The Federal Rules of Civil Procedure govern construction of complaints filed in federal courts. Many state courts follow the same rules as the federal courts, or similar rules.

The caption opens the complaint and identifies the location of the action, the court, the docket or file number, and the title of the action. Each party to the lawsuit must be identified in the caption and must be a real party in interest, that is, either a person who has been injured or harmed in some way, or a person accused of causing the injury or harm. In addition, a party must have the capacity to sue or to be sued. If a party lacks capacity owing to mental incompetence, for example, the suit may be dismissed. Any number of parties may be named and joined in a single lawsuit as long as all meet the requirements of capacity and all are real parties in interest.

Courts of limited–subject matter jurisdiction, such as federal courts, require the complaint to demonstrate that the court has jurisdiction to hear the case. In general-jurisdiction courts, such as most state courts, a jurisdictional allegation is unnecessary.

The most critical part of the complaint is the claim, or cause of action. The claim is a concise and direct statement of the basis upon which the plaintiff seeks relief. It sets forth the RULE OF LAW that forms the basis of the lawsuit and recounts the facts that support the rule of law. Finally, the claim concludes that the defendant violated the rule of law, thereby causing the plaintiff's injuries or damages, and that the plaintiff is entitled to relief. For example: A negligence claim might begin with a statement that the defendant owed a duty of care to the plaintiff; that the defendant breached that duty; and that, as a result, the plaintiff suffered injuries or other damages. The conclusion then states that because the defendant's breach was the cause of the plaintiff's injuries, the plaintiff is entitled to compensation from the defendant.

The complaint may state separate claims or theories of relief in separate counts. For example, in a negligence case, count 1 might be for negligence, count 2 for breach of WARRANTY, and count 3 for FRAUD. Each count contains a separate statement of the rule of law, supporting facts, and conclusion. There is no limit to the number of counts a plaintiff may include in one complaint.

Federal courts and other jurisdictions that follow the Federal Rules of Civil Procedure require a brief, simple pleading known as a notice pleading. The notice pleading informs the defendant of the allegations and the basis for the claim. The rules require that the complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief" (Fed. R. Civil P. 8[a]). Rule 8(c)(1) states, "Each averment of a pleading shall be simple, concise, and direct."

Following the claim, the prayer for relief or demand for judgment appears. Commonly called the wherefore clause, the prayer for relief demands judgment for the plaintiff and relief in the form of the remedies the plaintiff requests. The plaintiff may demand relief in several forms. Money damages are compensation for injuries and loss. General money damages cover injuries directly related to the defendant's actions—such as pain and suffering, or emotional distress. Special money damages arise indirectly from the defendant's actions and may include lost wages or medical bills. The court

A sample complaint.

awards exemplary or PUNITIVE DAMAGES when the defendant's actions are particularly egregious. The purpose of punitive damages is to punish the defendant and deter similar wrongdoing. Other types of damages are recovery of property, injunctions, and SPECIFIC PERFORMANCE of a contractual obligation. The plaintiff may demand alternative relief or several different types of relief, in the same complaint (Fed. R. Civ. P. 8[a]).

A demand for a jury trial may be included near the end of the complaint. The complaint must be signed by the plaintiff's attorney, indicating that the attorney has read the complaint; that it is grounded in fact, to the best of the attorney's knowledge, information, and belief; and that it is brought in GOOD FAITH.

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over 6 years ago

Retired army officer,Phillip A. Washington with b-day 1/17/58 along with 46 +Chicago Public Aid reciptent name Gertrude M. Washington assumed to be me when retirement checks were all my wholesome labored on at 4 companies that paid all pensions to my name,Emma Washington b-day,6/7/53 while Gertrude's is 7/16/51.The checks were all deposited on her new first time bank account over 3 digits,new on UK national level in the States divided between her non-working sons,Marcus Navon and Marcel Washington age 34 with 25+ Illinois criminal correctional record with some under his brother's name as his alias.Gertrude with Phil are wrong to remove Mr. Miller at 31,his cerebral cortex caused him to voluntary movement from the missed etc,when you shouldn't go above the barrier.W.H.O avoid the anatomical surface when you don't bother anyone who are State workers when they are not that entered because of Phil with his ability to get off committing wrong acts of ugly.As Marcel cue he can do wrong with his mama and the 2 truants,Harry and Derrick belong to Amy their grandma imposted all into the rental commerical rooms due to Gertrude and they will get thru doing it and nobody can't do wrong to them.They disable Mr. Miller to have 1 year supply of antibiotic paid that Gertrude should not have,but Mr. Miller for the attacked to his body.10 years and 5 months he did not obtained the 78 digits for this purpose of medical,doctor fees,post-op from Larrie A.Davis of 105 Ave who took all his check that came with my retirement pension earned on the job at work to get the pension.There were 4 different companies paid same taken by Lorna J. Harrell of Beecher,Illinois,Phil and Phyllis Washington of Bryb Mawr a

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almost 5 years ago

Gasthaus Gerbl,Hauptstr. 28
A-5202 Neumarkt

Dear Sir

Fristsetzungsantrag in der Sache Jad ALHALABI, Zl. E6 423.307-1/2011
Good day to you. this my case and evidence .
My name is Jad Alhalabi, I am currently seeking asylum in Austria, but the Austria government is following the human rights and justice and they are correct but I can prove it through my documents that they are not.
And I am not safe here in Austria ?
I got troubles in here by a Tunisian man that he even told me that he will kill me and attacked on me with a knife in his hand. I complained for Austrian police in St.Johann im pongau, but they have denied it and told me that when I see blood in my body then I can come to police even though I had medical report from the hospital then the police accept my complain and give me a copy of my complain letter but told me if I show it to anybody then the police makes problems for me and the name of that police man is Roman RAINER .I am not safe here in Austria.
In 06.09.12 I had a roommate. He is from Chechens country and his name is Hassan we were living in one room and without any reason he argued with me and tried to beat me. But that time it didn’t happen and after one day he tried to beat another person in the pension and I complained to the chaifeen of this pension and the chaifeen told him to change the room then in 11,09,2012 I came to my room and saw him in my room and told him to leave my room but he didn’t listen to me and started beating me after that I called the police, police came just took our names and told me that always you make these problems and they were tow police men then at the same night when the police left this person ( Hassan) started fighting with all the people in the pension and said that I will beat all the people in this pension and went out of pension, then in the next day he came with another person, that person was also from Chechens and his name is Adam and both of them said that they will come with other Chechens people to beat or kill all of us then at the same date at night they came with four vehicles and they were around 20 people with the knifes in their hands to beat or kill us, at the same time we tried to defense and called the police, when the police came they escaped and police couldn’t arrest them, and in the morning we went to police station and complained about them because they can come any time to fight us.
We are not safe in here and when ever I face with any problem and I go to police they always tell me that I am making problems the ID number of the police man is 4711.
but if I make problem then why should I go to police and ask for help.

I want to make formal complaint against the Austrian Government with UN in USA ?
And how can I get protection from the United Nations and the private papers to get them and I will be refugee under the UN?

Please check the attachments for my case and evidence.
Thank you very much and sorry for taking your time
And for you all respect and thanks

Jad alhalabi
E-mail: jad.alhalabi@hotmail.com or jad.alhalabi@yahoo.com