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30-510: (Redirected from Complaints ) [REDACTED] Look up complaint in Wiktionary, the free dictionary. Complaint or complaints may refer to: Expressions of displeasure or concern [ edit ] Complaint , a type of legal document Complaining , the act of expressing general annoyance or unhappiness Chief complaint or presenting problem, in medicine Consumer complaint ,

60-534: A clear relation to some legitimate legislative purpose. Beyond those outer limits... most courts stayed out of the way of state police power." Later court cases have expanded somewhat on these restrictions by limiting the ability of states to infringe upon implied constitutional rights and by demanding a stricter standard of reasonability , but regulation of police power remains fairly minimal. Federal police power has been defined by Supreme Court rulings. In affirming that Congress has limited power to enact legislation,

90-528: A complaint addressed to a company or service provider Airline complaints Super-complaint , made in the UK by a state-approved watchdog organisation Complaint system , a set of procedures used in organizations to address complaints and resolve disputes In arts and entertainment [ edit ] Lament bass , also known as complaint, a free musical form Complaints (poetry collection) , by Edmund Spenser, published in 1591 The Complaints ,

120-401: A conference between the parties to plan for the rest of the discovery process and then the parties should submit a proposed discovery plan to the judge within 14 days after the conference. In many U.S. jurisdictions, a complaint submitted to a court must be accompanied by a Case Information Statement , which sets forth specific key information about the case and the lawyers representing

150-462: A novel by Scottish crime writer Ian Rankin See also [ edit ] [REDACTED] Search for "complaint" on Misplaced Pages. All pages with titles beginning with Complaint All pages with titles containing Complaint Criticism , the general practice of judging the merits and faults of something Critique , a method of systematic study of a discourse Topics referred to by

180-412: A petitioner cannot find an appropriate form in their state, they often can modify a form from another state to fit his or her request. Several United States federal courts publish general guidelines for the petitioners and Civil Rights complaint forms. A complaint generally has the following structural elements: After the complaint has been filed with the court, it has to be properly served to

210-485: Is different from Wikidata All article disambiguation pages All disambiguation pages complaint In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the plaintiff to restore justice. In some jurisdictions, specific types of criminal cases may also be commenced by

240-608: Is exercised by the legislative and executive branches of the various states through the enactment and enforcement of laws and regulations . States have the power to compel obedience to these laws through whatever measures they see fit, provided these measures do not infringe upon any of the rights protected by the United States Constitution or their own state constitutions and are not unreasonably arbitrary or oppressive. Methods of enforcement can include legal sanctions and physical means . Controversies over

270-528: Is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law"), to justify restriction of individual liberties in order to protect the general welfare. The concept of police power in America was further expanded in a series of notable court cases in the late-nineteenth and early-twentieth centuries, including the landmark 1851 Massachusetts Supreme Judicial Court case Commonwealth v. Alger , and

300-749: The Public Access to Court Electronic Records (PACER) system to obtain case and docket information from the United States district courts , United States courts of appeals , and United States bankruptcy courts . The system is managed by the Administrative Office of the United States Courts ; it allows lawyers and self-represented clients to obtain documents entered in the case much faster than regular mail. In addition to Federal Rules of Civil Procedure , many of

330-676: The U.S. district courts have developed their own requirements included in Local Rules for filing with the Court. Local Rules can set up a limit on the number of pages, establish deadlines for motions and responses, explain whether it is acceptable to combine a motion petition with a response, specify if a judge needs an additional copy of the documents (called "judge's copy"), etc. Local Rules can define page layout elements like: margins , text font/size , distance between lines, mandatory footer text, page numbering , and provide directions on how

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360-595: The parties . This allows the judge to make determinations about which deadlines to set for different phases of the case, as it moves through the court system. There are also freely accessible web search engines to assist parties in finding court decisions that can be cited in the complaint as an example or analogy to resolve similar questions of law. Google Scholar is the biggest database of full text state and federal courts decisions that can be accessed without charge. These web search engines often allow one to select specific state courts to search. Federal courts created

390-485: The police power is the capacity of the states and the federal government to regulate behavior and enforce order within their territory for the betterment of the health , safety , morals , and general welfare of their inhabitants. Police power is defined in each jurisdiction by the legislative body, which determines the public purposes that need to be served by legislation. Under the Tenth Amendment to

420-667: The 1905 Supreme Court case Jacobson v. Massachusetts . Due to the nebulous definition of the police power, restrictions on its use are few and far between. In Commonwealth v. Alger , Chief Justice Lemuel Shaw wrote that "It is much easier to perceive and realize the existence and sources of [the police power] than to mark its boundaries, or prescribe limits to exercise." However, according to historian Michael Willrich, "Shaw recognized certain constitutional restraints on police power, but they were few. Laws must apply equally to all under like circumstances... government interferences with individual rights must be 'reasonable' – they must have

450-589: The United States Constitution , the powers not delegated to the federal government are reserved to the states or to the people. As a result, the police power is primarily concentrated within state governments, while the federal government possesses it in limited contexts where it has an express power, such as over conduct occurring within the territories of the United States and activities related to interstate commerce . Police power

480-472: The case was voluntarily dismissed. In the case of Fox v. Vice , the U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred "but for the frivolous claims." Even when there is no actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting still can be awarded under FRCP Rule 11 when

510-410: The complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process. In most U.S. jurisdictions, the charging instrument presented to and authorized by a grand jury is referred to as an indictment . Virtually every U.S. state has some forms available on the web for most common complaints for lawyers and self-representing litigants; if

540-547: The court ruled in United States v. Lopez (1995) that "The Constitution...withhold[s] from Congress a plenary police power that would authorize enactment of every type of legislation." In United States v. Morrison (2000), the court invalidated a provision of a federal law on violent crime. The court stated, "The regulation and punishment of intrastate violence that is not directed at the instrumentalities, channels, or goods involved in interstate commerce has always been

570-408: The court's permission to file some exhibits completely under seal . A minor 's name of the petitions should be replaced with initials . A person making a redacted filing can file an unredacted copy under seal, or the Court can choose to order later that an additional filing be made under seal without redaction. Copies of both redacted and unredacted documents filed with court should be provided to

600-656: The exercise of state police power can arise when exercise by state authorities conflicts with individual rights and freedoms. Most criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power of the state with the goal of seeking criminal sanctions . The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which

630-575: The filing of a complaint, also sometimes called a criminal complaint or felony complaint . Most criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power of the state with the goal of seeking criminal sanctions , such as the State (also sometimes called the People) or Crown (in Commonwealth realms ). In the United States,

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660-406: The filings made with the court and accompanying exhibits, (exhibits normally do not need to be attached to the original complaint, but should be presented to Court after the discovery ). The redacted text can be erased with black-out or white-out, and the page should have an indication that it was redacted - most often by stamping word "redacted" on the bottom. Alternately, the filing party may ask

690-565: The opposing party files a Motion for Sanctions and the court issue an order identifying the sanctioned conduct and the basis for the sanction. The losing party has a right to appeal any order for sanctions in the higher court. In the state courts, each party is generally responsible only for its own attorney fees, with certain exceptions. In 1883, the Rules of the Supreme Court replaced the term complaint with statement of claim . This

720-412: The opposite parties, but usually petitioners are not allowed to serve the complaint personally. The court also can issue a summons – an official summary document which the plaintiff needs to have served together with the complaint. The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer a complaint can result in a default judgment in favor of

750-399: The other parties in the case . Some courts also require that an additional electronic courtesy copy be emailed to the other parties. Before filing the complaint, it is important for plaintiff(s) to remember that Federal courts can impose liability for the prevailing party's attorney fees to the losing party, if the judge considers the case frivolous or for purposes of harassment, even when

780-545: The pages need to be bound together – i.e. acceptable fasteners , number and location of fastening holes , etc. If the filed motion does not comply with the Local Rules then the judge can choose to strike the motion completely, or order the party to re-file its motion, or grant a special exception to the Local Rules. According to Federal Rules of Civil Procedure (FRCP) 5.2 , sensitive text like Social Security number , Taxpayer Identification Number , birthday , bank accounts and children 's names, should be redacted from

810-450: The petitioner. For example, in United States federal courts , any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case. The defendant must submit an answer within 21 days after being served with the summons and complaint, or request a waiver , according to FRCP Rule 12. After the civil complaint has been served to the defendants, the plaintiff must, as soon as practicable initiate

840-704: The province of the States...[W]e can think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime..." The police power is the basis for land-use planning authority in the United States. This authority is usually delegated by state governments to local governments, including counties and municipalities, which most frequently exercise police power in land-use planning matters. Such regulation based on police power

870-432: The same term [REDACTED] This disambiguation page lists articles associated with the title Complaint . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Complaint_(disambiguation)&oldid=1078019989 " Category : Disambiguation pages Hidden categories: Short description

900-633: Was then replaced in 1998 with particulars of claim by the Civil Procedure Rules , which also replaced the word plaintiff with claimant as part of a drastic reform of English legal terminology. Thus, in England and Wales, a claimant now initiates a claim by filing a claim form (instead of a writ of summons), and either pleads particulars of claim on the claim form itself or as a separate document. Police power (United States constitutional law) In United States constitutional law ,

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