What is a complaint in legal terminology?
Q: What is a complaint in legal terminology?
A: A complaint is any formal legal document that establishes the facts and legal reasons for a lawsuit.
Q: What must a complaint list?
A: A complaint must list the reasons for the plaintiff's case, and it must ask for a specific legal remedy.
Q: How does a defendant receive notice of a complaint?
A: Once a complaint is filed with the court, a summons (an order from the court) notifies the defendant that a lawsuit has been filed against them.
Q: How much time does the defendant have to reply to the complaint?
A: Once a defendant receives notice of a complaint, they must reply within a specified period of time with an answer.
Q: Is help from an attorney usually necessary when writing complaints?
A: Yes, usually this requires the help of an attorney as complaints are pleadings that must be written carefully to properly state the facts and legal basis for the claim.
Q: Are criminal cases sometimes started by filing complaints?
A: Yes, in some jurisdictions specific types of criminal cases may also be started by filing of a complaint. This is also called criminal or felony complaints.
Q: Who prosecutes all criminal cases?
A: All criminal cases are prosecuted in the name of governmental authority such as The People or The Crown (in Commonwealth realms).