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Elements of a Civil Complaint

Elements of a Civil Complaint

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Published by Jackie A Paulson
Elements of a Civil Complaint?
Elements of a Civil Complaint?

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Categories:Types, Research, Law
Published by: Jackie A Paulson on May 16, 2009
Copyright:Attribution Non-commercial

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06/29/2014

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Elements of a Civil ComplaintCertain sections of a complaint tend to be boilerplate language(for example, the greeting, damages, jury demand, prayer forrelief). When looking at a complaint, sections are separate and inthis order:
Case caption -
tells which court you are in and who theparties are. Leaves room for the court clerk to stamp a casenumber onto. Don't put this information in column format.The Dole case forgot the close-quotes down the middle tocordon off the names from the court space. See the Viacomcase for a proper case caption.
Title of the pleading
- the title here would be Complaint.In some jurisdictions, it is called a Petition.
Short introduction -
a typical introduction might state,"Comes Now the plaintiff, Justin King, by and through hisattorney, and alleges:" (It can be just this short)
Parties -
who the parties are and where they reside to showthe court it has personal jurisdiction over the parties.
Jurisdiction and Venue -
what statute or statutes give thecourt authority to hear the subject matter of the case andthat the chosen courthouse is the correct one (this isvenue).
Allegations or Statement of Facts -
what happened. Tellthe story of the accident. Tell the story in the most succinctway possible. Don't skip around. Try to keep the flow so it isconvincing. This is why we LOVE computers because you cancut and paste and rearrange paragraphs to make our client'sstory more cohesive and enrapture our audience (the judge)to want to give us what we are asking for.
Causes of Action -
what legal theories are you asserting?What duty did the defendant have towards plaintiff? How diddefendant breach that duty? How was plaintiff hurt by thebreach? Each cause of action is listed separately. See

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