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Complaint - Law Dictionary Search Results

Home Dictionary Name: complaint

Complaint

Complaint. This term is most generally used with reference to Courts of Summary Jurisdiction where proceedings are commenced 'on information,' but is also sometimes used to describe a claim in an action of a civil or quasi-civil character. See STATE-MENT OF CLAIM. As to when a 'complaint' made to a third person and not in the presence of the accused is admissible as evidence, see R. v. Osborne, (1905) 1 KB 551, and as to statements made in the presence of the accused, see R. v. Norton, (1910) 2 KB 496.Means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (d)]Means--(i) a consumer; or(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or(iii) the Central Government or any State G...


well-pleaded complaint rule

well-pleaded complaint rule : a rule of procedure that federal question jurisdiction cannot be acquired over a case unless an issue of federal law appears on the face of a properly pleaded complaint NOTE: The well-pleaded complaint rule is not satisfied by a defense based on federal law, including a defense of federal preemption, or by anticipation of such a defense in the complaint. ...


fresh complaint rule

fresh complaint rule : a rule of evidence: the testimony of a witness to whom a victim of a sexual offense made a fresh complaint is admissible to corroborate the victim's testimony called also fresh complaint doctrine ...


complaint

complaint 1 : the initial pleading that starts a lawsuit and that sets forth the allegations made by the plaintiff against the defendant and the plaintiff's demand for relief see also prayer, process, well-pleaded complaint rule compare answer 2 : a document sworn to by a victim or police officer that sets forth a criminal violation and that serves as the charging instrument by which charges are filed and judicial proceedings commenced against a defendant in a magistrate's court compare declaration, indictment, information 3 : petition ...


third-party complaint

third-party complaint : a complaint filed against a third party by a defendant or plaintiff alleging that the third party is liable for all or part of a claim or counterclaim in dispute between the original parties ...


Double complaint, or Double quarrel

Double complaint, or Double quarrel, duplex querela, a grievance made known by a clerk or other person, to the archbishop of the province, against the ordinary, for delaying or refusing to do justice in some cause ecclesiastical, as to give sentence, or institute a clerk, as in the celebrated case of Gorham v. Bishop of Exeter, (1850) 19 LJ Ex 376, CP 200, QB 279, in which the plaintiff, a clerk, succeeded on appeal in duplex querela against the defendant for not instituting him on the ground of alleged unorthodox views on Baptism, etc. It is termed a double complaint, because it is most commonly made against both the judge and him at whose suit justice is denied or delayed; and by Canon 95 the period of two months which the bishop had to inquire of the sufficiency of a clerk was abridged to twenty-eight days, before the expiration of which a duplex querela could not be brought....


bill of complaint

bill of complaint see bill ...


cross-complaint

cross-complaint 1 : a claim brought by a defendant against another party to the lawsuit 2 : a claim brought by a defendant against a person not a party to the original lawsuit for a related cause of action ...


fresh complaint

fresh complaint : a report of a sexual offense by the victim to someone in a position of trust (as a police officer, parent, or friend) made with reasonable promptness ...


Complaintful

Full of complaint...


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