Rarely will you be asked as a paralegal to research a template or sample complaint, as most law firms have standardized their own templates. However, it is useful to see several variations of complaints, especially in your own state. The basic requirements for all complaints are the same: the factual basis for the cause of action, the harm suffered, and the remedy sought. There are differences among various states as to the specificity of facts that must be alleged. For this week’s assignment, you are researching sample complaints, as well as information pertaining to complaints for your state.
First, research a Wisconsin court complaint and a federal court complaint for a federal court in Wisconsin. Explain the information from the two complaints by comparing and contrasting the similarities and differences between the two. Then, explain any pleading requirements for your state and how they differ from federal pleading requirements.
- What remedies are potentially available to a plaintiff in a civil cause of action?
“As with the Rules, there are not many significant differences between federal and state complaints except in format. That is, all must include the duty breached, the harm done, and the damages claimed. The most important differences between complaints, whether state or federal, relate to the cause of action, i.e. criminal or civil or bankruptcy or divorce and so on. Fact/heightened pleading is just notice pleading with more facts, i.e.Spike, driving negligently,, caused an accident, i.e., running a red light, caused an accident. Once you are in your law firm, you will soon become acquainted with the complaints that are generally used by your lawyer.”
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- What remedies are potentially available to a plaintiff in a civil cause of action? Please limit your response to EITHER the remedies for a tort or a breach of contract.