Distinction between a "claim" and a "complaint"?

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ltp93
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Distinction between a "claim" and a "complaint"?

Postby ltp93 » Fri Oct 26, 2012 8:33 pm

What exactly is the main difference? Are claims just an element of an overall complaint? I know this is a basic question, but I want to be sure that I am using the verbiage correctly on an exam.

Thank you in advance.

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Lawquacious
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Re: Distinction between a "claim" and a "complaint"?

Postby Lawquacious » Fri Oct 26, 2012 8:36 pm

ltp93 wrote:What exactly is the main difference? Are claims just an element of an overall complaint? I know this is a basic question, but I want to be sure that I am using the verbiage correctly on an exam.

Thank you in advance.



I think the terms can be used interchangeably to some extent, but yes, a 'claim' is one component of a complaint, such that you could have several claims in a complaint. Similar to a single 'charge' in a crim law charging document. At least this is my current understanding.

In civil law, a "Complaint" can also be synonymous with a "lawsuit," and lawsuits frequently involve multiple claims (e.g. (1) breach of contract, (2) unjust enrichment etc.). But if you only have one claim then I suppose your claim could be essentially synonymous with the complaint.
Last edited by Lawquacious on Fri Oct 26, 2012 8:39 pm, edited 1 time in total.

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bk1
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Re: Distinction between a "claim" and a "complaint"?

Postby bk1 » Fri Oct 26, 2012 8:36 pm

A claim is a legal right to sue for something.

A complaint is a document that asserts a claim.

ltp93
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Re: Distinction between a "claim" and a "complaint"?

Postby ltp93 » Fri Oct 26, 2012 8:39 pm

Awesome, thank you.

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Lawquacious
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Re: Distinction between a "claim" and a "complaint"?

Postby Lawquacious » Fri Oct 26, 2012 8:39 pm

bk1 wrote:A claim is a legal right to sue for something.

A complaint is a document that asserts a claim.



Yes, although complaints typically assert more than one claim.

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bk1
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Re: Distinction between a "claim" and a "complaint"?

Postby bk1 » Fri Oct 26, 2012 8:41 pm

Lawquacious wrote:Yes, although complaints typically assert more than one claim.


Oh I didn't mean to imply that a complaint can't assert more than one claim, of course it can.

ltp93
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Re: Distinction between a "claim" and a "complaint"?

Postby ltp93 » Fri Oct 26, 2012 8:55 pm

You guys must be mind-readers, because I was just about to make sure that a complaint may have more than one claim.

Thank you.




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