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Video instructions and help with filling out and completing Federal court complaint template word
Okay welcome back this is the next video in our series of MBE videos is intended for students studying for the bar exam a JD exam would be much more detailed and even for purpose of the MBE I'm not handing up all the issues unfortunately I can't talk 24 hours in a row so we're picking and choosing the issues and even the level of detail the next topic here is going to be pleading and particularly I'm going to start off with what you need to do in order to state a claim that would withstand a motion to dismiss for failure to state a claim first you need to know the connection between rules 8 a 2 and 12 B 6 8 a 2 says a pleading putting forth a claim must have among other things a short and plain statement showing entitlement to relief right 12 B 6 says you can obtain dismissal for failure to state a claim so in other words a deficiency under 8 a 2 is a basis for dismissal under 12 B 6 now 12 B 6 dismissal can come in two flavors one is legal insufficiency and the other is factual insufficiency legal insufficiency simply put is even if all the facts are true even if there's sufficient facts the law just doesn't pra remedy so the example always use my JD students on the very first day of class is willful and malicious what is it failure to invite JD students where are you okay willful and malicious failure to invite I sue you and say on such such day you had a birthday party I really wanted to go you'd invite me you told me you didn't want to come I said you hurt my feelings you said too bad so sad you invite me and now I'm suffering pain and suffering all of that boohoo I put in lots of facts okay but guess what unless unless something's changed since I started going to law school you can't sue somebody for not inviting you to their birthday party unless you have to say like a contract or something there's no tort claim for that all right so even if there's lots of facts we have legal insufficiency here law does not pra remedy what you're more likely to be tested on is factual insufficiency and even then I'm only going to get into so much more detail because it is a little hard to test this on multiple-choice are factual insufficiency we're an ink ball territory now right you sue somebody for negligence and you say oh yeah you know you were negligent and hurt me right well that doesn't tell the defendant very much right so even though the law does pra remedy so the problem isn't a legal insufficiency you can't just sue somebody say hey yo you were negligent therefore you owe me money okay that's going to be a.
FAQ
Iâm being sued and Iâm representing myself in court. How do I fill out the form called âanswer to complaintâ?
You can represent yourself. Each form is different per state or county but generally an answer is simply a written document which presents a synopsis of your story to the court. The answer is not your defense, just written notice to the court that you intend to contest the suit. The blank forms are available at the court clerkâs office and are pretty much self explanatoryThere will be a space calling for the signature of an attorney. You should sign your name on the space and write the words âPro seâ after your signature. This lets the court know you are acting as your own attorney.
How do I fill a complaint in consumer court against SBI?
First, go through this document:http://consumerhelpline.gov.in/C...It explains the Consumer Court process.Depending on the type of complaint, you can also lodge grievances online on the Government Consumer Helpline :Integrated Grievance Redressal MechanismYou can also approach the banking ombudsman.Read the FAQs document below, apart from an overview, it also lists out the types of complaints that are within the Ombudsmanâs remit.Frequently Asked QuestionsDepending on the nature / severity / quantum of loss or damage associated with the complaint, you can choose to go the âself service⢠route, where proceed on your own OR you can engage an Advocate.If you have time to do the research, fill the right forms and documents and attend the court or proceedings , you can do it yourself.Hiring an advocate who has dealt with Consumer Courts will help speed things up from a logistics perspective and he / she will take care of the proceedings. But, an Advocate will charge fees.Go through the documents in the links above and make the decision.SanjayLawMint.com
How do I fill a complaint in consumer court against BSNL?
STEP 1:       At first identify the Jurisdiction of the Forum where the complaint is to be filed. This issue needs to be identified from two angles of jurisdiction i.e. Territorial and Pecuniary.The Consumer has to take into consideration both the territorial and pecuniary jurisdiction of the tribunal in mind before filing his complaint and has to choose the correct forum.Territorial Jurisdiction of the Consumer Forums :-A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose jurisdiction,⢠a)   the opposite party resides or caries on business or has a branch office or personally works for gain, or b)     If there are more than one opposite aprty, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain, Provided that in such case the permission of either District Forum, State Commission or National Commission as the case may be, or the opposite parties who do not reside in such place or carry on business or have a branch office or personally works for gain as the case may be, must be obtained , or c)   the cause of action arose. PECUNIARY JURISDICTION OF CONSUMER FORUMSSr No.ForumsAmount1District ForumUpto Rs. 20 Lakhs2State CommissionRs. 20 Lakhs to Rs. 1 Crores3National CommissionExceeding Rs. 1 CroresStep 2:   You will be required to pay a prescribed fee along with your complaint before the District Forum, State Commission & the National Commission as the case may be.Step 3:   Then you have to draft your complaint stating facts necessary to establish a cause of action.Step 4:   At the end of the complaint you have to put your signatures. In case any other person is authorised to file the complaint then complaint has to be accompanied with authorisation letter.Step 5:    Donât forget to mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.Step 6:   Copies of all the documents supporting your allegations. In this you can put on record the copy of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product.Step 7:   You can also ask for compensation costs which should be specifically alleged in the complaint. Besides compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. You must give the breakup of amount claimed under different heads but do remember to claim compensation or other relief as per the pecuniary value of the forums.Step 8:   Explain in your complaint as to how the case falls within the jurisdiction of this forum.Step 9:   Complaint must clearly state as to what relief is sought against the opposite party.Step 10: The Act provides for limitation period of two years from the date of cause of action. In case there is delay in filing the complaint, please explain the delay which can be can be condoned by the Tribunal.Step 11: You are also required to file an affidavit along with the complaint that facts stated in the complaint are true and correct.Step 12: The complainant can present the complaint in person or by his/her authorised representative without engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this you have to file additional copies for each opposite party.Consumer needs to be more aware of the malpractices followed by the trader and should stand up for their rights. With this article, an endeavour is made to educate the consumers to file their complaints and of taking action against the Unscrupulous traders who thinks that consumers can do nothing if any wrong is caused to them. Let us be all Vigilant of the quality and quantity of goods supplied to us by the traders.
How do I file a case in consumer court against the company Dell?
My standard reply is below except name of Opposite Party (OP) has to be changed to: Dell.Before filing consumer forum complaint, you should send a letter/legal notice to the other party explaining the deficiency of product/service etc along with basic proofs like date of purchase, amount paid etc which establish a consumer relationship with them. If they don't reply or reply with a false denial, you can approach consumer forum as given below.You can file complaint in district consumer forum of your city. You can read these articles below to understand the process in detail, and also I am giving basic summary/steps of whole process in this answer itself. For any city, you can do google search to find website/address/phone numbers of district consumer forum and the steps will be very similar as described in process for Bangalore and Delhi forums below.How to file a consumer court complaint (in Bangalore) - What goes around, comes aroundHow to file a consumer court/forum complaint in Delhi - What goes around, comes aroundContents of Consumer ComplaintProcedures for filing complaints and seeking redressal are simple. A Complaint should contain the following information:1. The name, description and address of the complainant.2. The name, description and address of the opposite party or parties, as the case may be as for as they can be ascertained.3. The facts relating to complaint and when and where it arose.4. Documents, if any, in support of the allegations contained in the complaint.5. The relief which the complainant is seeking. The complaint should be signed by the complainant or his authorized agent. The Complaint is to be filed within two years from the date on which the cause of action has arisen.Click to read sample template for consumer forum complaint based on what I had used in my own case against FlipkartFollowing are the basic steps one can expect in consumer courts. For full details refer to my articles on how to file consumer court complaint in Bangalore and Delhi. They can be modified similarly for other cities/districts too.OP = Opposite Party ( Dell in your case)1. Filing of complaint to district forum administrative office. Call them to find first hearing date.2. Appear in court on that date and explain within few sentences the problem you are facing.3. Court will likely accept your complaint. If so a notice is sent to OP. Expect next hearing date to be 30 days away.4. OP appears in court. If they offer to do out of court settlement, then try to negotiate towards a mutually accepted settlement. If the negotiation fails, then you can continue to get redressal through court itself.5. Court will ask you to submit affidavit. This will constitute your final evidence with all documents, if not already submitted with complaint.6. The OP may also submit their evidence.7. Judge will set a date for arguments.8. Based on evidence submitted by both parties and arguments, the court will decide on whether to give relief to you and then how much relief.You can read my free eBook Surviving the Legal Jungle which also covers basics of contract law, consumer court complaints, and how to hire and manage an advocate (which is not mandatory though, you can represent yourselves too).
How can I appeal if my complaint is dismissed by the trial/federal court?
The short answer is to file a notice of appeal. If youâre in state court, your state has explicit rules on what the notice of appeal needs to look like and when it needs to be filed. In federal court, see the Federal Rules of Appellate Procedure, TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT. Rule 3. Appeal as of RightâHow Taken is the place to start. Rules 4 - 8 set out the time limits for filing and some ⢠but not all ⢠the additional details. Note that in both state and federal court, there are strict jurisdictional time limits for initiating an appeal, typically 30 days from the entry of the judgment, but that may vary depending on the jurisdiction, so check the applicable rules carefully. Talking with an appellate lawyer in your jurisdiction would be advisable: appellate procedure can be complicated.
How long and in what circumstances does a plaintiff have the right to amend a complaint in Federal Court (NY) for a civil lawsuit?
Iâm not going to answer this question, and indeed doubt anyone else here on Quora will either. Thatâs because the rules for amending a civil complaint in federal court are complicated. The basic rules for amendments are in Rule 15. Amended and Supplemental Pleadings, but that just gets you started. Then you have to look at any local rules imposed by the relevant district (the questioner asked about New York, but there are four federal judicial districts in New York, and each has its own local rules). And then after that you have to look at any relevant rule decisions from that district, from the Second Circuit (which oversees all four New York districts) and the Supreme Court.This is a huge body of law, one that is far too large to summarize into a Quora answer. Since offering a more specific answer that fits with the questionerâs particular circumstances would amount to offering specific legal advice, which is prohibited on Quora to nonlawyers by laws prohibiting the unauthorized practice of law, and to lawyers by Quoraâs terms of service, the only answer youâll get, beyond my suggestion to look at FRCP Rule 15, is âconsult an attorneyâ.And thus, I leave you with the direction to seek the advice of an attorney admitted to the federal courts of the specific district in which the matter is being litigated.
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