Legal Writing Lesson 2 Legal Research Discussion
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This week you will be writing a complaint. A complaint is any formal legal documentation that sets out the facts and legal reasons that the filing party believes are sufficient to support a claim against the other party or parties. The party filing the claim is referred to as the plaintiff and the party being sued is referred to as the defendant.
How you draft a complaint:
Every pleading must have a caption with the court’s name, a title, and a file number. The title of the complaint must name all the parties;.
A party must state its claim or defenses in numbered paragraphs, each limited as far as practicable to single set of circumstances.
In essence you need to have a short plain statement of facts for the bases of your case and how the party breached their duty (Tort of Negligence) or how he did not fulfill the contract terms (Contract claim) and so forth.
Trespass is actionable per se, which means that if a trespass is established, the person whose rights have been affected can bring a cause of action and file a complaint. In order to bring an action for negligent trespass you need to have damages in order to recover. Should the court require that you prove damages in order to bring an intentional trespass to land action?
Please comment whether damages should be required in order to prevail in an intentional trespass to land action. Please reply to this post with your reasoning and why?
Please explain the difference between trespass to chattels and conversion? Please reply to this post with your reasoning and why?