TECHNICAL ENGLISH 2

INVESTIGATE REPORT
WRITING AND
PRESENTATION
LESSON 5:
COMPLAINT
 COMPLAINT
In Civil Law, a complaint is the very first
formal action taken to officially begin a lawsuit.
This written document contains the allegation
against the defense, the special laws violated,
the facts that led to the dispute, and any
demands made by the plaintiff to restore
justice.
A concise statement of the ultimate facts
constituting the plaintiff’s cause or causes of
action.
 ELEMENTS OF COMPLAINT
In order to win a negligence case, the
Plaintiff (the person injured) must prove the
Following four elements t show that the
defendant (the person allegedly at fault) acted
negligently:
 DUTY
The defendant owed a legal duty to the plaintiff
under the circumstances; When assessing a
negligence claim, the first step is to look to see
whether or not the defendant owed the plaintiff a
legal duty of care.
In some circumstances, the relationship between
the plaintiff and defendant might create a legal
duty -- for instance, a doctor owes a patient a legal
duty to provide him or her with competent
medical care.
 BREACH OF DUTY
The defendant breached that legal duty by acting
or failing to act in a certain way; The court will
look to see whether the defendant breached this
duty by doing (or not doing something) that a
"reasonably prudent person" would do under
similar circumstances. The term "reasonably
prudent person" refers to a legal standard that
represents how the average person would
responsibly act in a certain situation.
 CAUSATION
It was the defendant’s actions (or inaction) that
actually caused the plaintiff’s injury; and The third
element requires that the plaintiff show that the
defendant's negligence actually caused his or her
injury. Sure, someone might be acting negligently, but
the plaintiff can only recover if this negligence
somehow causes the injury. For example, it wouldn't
be fair to sue someone who was negligently texting
and driving for a totally unrelated fender bender that
happened just across the street -- just because the
driver was negligent.
 DAMAGES
The plaintiff was harmed or injured as a
result of the defendant’s actions. The final
element of a negligence case is "damages."
This element requires that the court be able
to compensate the plaintiff for his or her
injury -- usually through monetary
compensation for expenses such as medical
care or property repair.
TYPES OF COMPLAINT
 GRAVE OFFENSE
The following grave offenses shall be
Punishable by dismissal from the service:
 Serious dishonesty;
 Gross neglect of duty
 Grave misconduct
 Being notoriously undesirable
 conviction of a crime of moral turpitude
 Falsification of official document
 Physical or mental incapacity or disability due to
immoral or vicious habits;
 LESS GRAVE OFFENSE
 Simple neglect of duty
 Simple misconduct
 Discourtesy in the course of official duties;
 Violation of existing civil service law and rules
of serious nature;
 Insubordination
 Habitual drunkenness
 LIGHT OFFENSE
 Simple discourtesy in the course of official duties;
 Violation of reasonable office rules and regulations;
 Frequent unauthorized tardiness (habitual
tardiness)
 Gambling prohibited by law;
 Refusal to render overtime service;
 Disgraceful, immoral or dishonest conduct prior to
entering the service;
 Borrowing money by superior officers from
subordinates
SAMPLE OF COMPLAINT FORM
THANK YOU FOR
LISTENING!!