Complaint

“ A pro se complaint provides an unsatisfactory foundation for deciding the merits of important questions, because typically it is inartfully drawn, unclear, and equivocal, and because thorough pleadings, affidavits, and possibly an evidentiary hearing will usually bring out facts which simplify or make unnecessary the decision of questions presented by the naked complaint. ”

“ Material allegations in the bill of complaint ought to be answered and admitted, or denied, if the facts are within the knowledge of the respondent; and if not, be ought to state what his belief is upon the subject, if he has any, and if he has none, and cannot form any, he ought to say so, and call on the complainant for proof of the alleged facts, or waive that branch of the controversy ”

“ The common topics for the advocate for the defence to employ are, a complaint of that calamity which has taken place by no fault of his, but in consequence of some overruling power, and a complaint also of the power of fortune and the powerless state of men, and an entreaty that the judges should consider his intentions, and not the result. And in the employment of all these topics it will be desirable that there should be inserted a complaint of his own unhappy condition, and indignation at the cruelty of his adversaries. ”

“ In testing the sufficiency of the complaint on a motion to dismiss, all reasonable inferences must be resolved in favor of the complaint, and the pleadings are to be liberally construed. Id. Our rules require fact pleading, and a complaint must state facts, not mere conclusions, in order to entitle the pleader to relief. ”

“ A new law of measure being proposed in the character of a remedy for some incontestable abuse or evil, an objection is frequently started to the following effect:—‘The measure is unnecessary. Nobody complains of disorder in that shape, in which it is the aim of your measure to propose a remedy to it. But even when no cause of complaint has been found to exist, especially under governments which admit of complaints, men have in general not been slow to complain; much less where any just cause of complaint has existed.’ The argument amounts to this:—Nobody complains, therefore nobody suffers. ”

“ By logical extension, a complaint, containing as it does both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis either in law or in fact. As the Courts of Appeals have recognized, § 1915 (d) 's term "frivolous," when applied to a complaint, embraces not only the inarguable legal conclusion, but also the fanciful factual allegation. ”

“ It contains some vigorous declamation, but is wanting in the averment of facts, which are indispensable to give it sufficiency as a pleading, for the purpose intended. The complaint to which it refers does not help it. ”

“ When she has a complaint to make, she has only to lay her grievance before the court in writing, or she may, if she choose, present it in person before a vizier—the grand vizier himself, if she wishes to—he being almost always ready to receive and listen to her kindly and patiently. ”

“ But though you give no countenance to the complaints of the querulous, yet take care to curb the insolence and ill nature of the injurious. When you observe it yourself, reprove it before the injur'd party: but if the complaint be of something really worth your notice, and prevention another time, then reprove the offender by himself alone, out of sight of him that complain'd and make him go and ask pardon, and make reparation: ”

“ If doubtful, then give in.—And now, if any man thinks he has cause of complaint, I leave it to you, with the help of the new light that has been given you, to reconsider the matter, and, where needful, to make reparation. ”

“ The letter of complaint should never be written hastily or angrily. It should go directly to the root of the trouble and should state as nearly as possible when and where and how it came about. One should be especially careful about placing the blame or charging to an individual what was really the fault of an unfortunate train of circumstances. The tone should never be sharp, no matter how just the complaint. ”

“ As it is no reproach to the people that they cannot be the proper judges of the conduct of the government, so neither are they to be censured when they complain of injuries not real, and tremble at the apprehension of severities unintended. Unjust complaints, my lords, and unreasonable apprehensions, are to be imputed to those who court their regard only to deceive them, and exalt themselves to reputation by rescuing them from grievances that were never felt, and averting dangers that were never near. ”

“ Though, in many respects, necessarily special in their character, they do not furnish just ground of complaint if they operate alike upon all persons and property under the same circumstances and conditions. ”

“ Nothing is feebler than the indolent rebellion of complaint; ”

“ And now pursue the action of the law, and see how little ground it leaves upon which to hang a complaint. Everybody's rights are secured. Whatever be the event, first of all the presentee cannot complain, if he is rejected only for proved insufficiency. ”

“ Even now, though the complaining party has filed an assignment of errors and submitted a written argument, it is by no means certain what the precise complaint is, unless it be that the verdict, in their view, is for the wrong party. ”

“ Most of them, however, are always finding some ground of complaint, or even of reproach, especially if they can plead any service that they have rendered faithfully, in a friendly way, and with a certain amount of painstaking on their part. ”

“ It is but bare justice to these gentlemen to state that never were they found wanting in good intention or honest endeavour, ready at all times to inquire into subjects of complaint, anxious at all times to redress any legitimate grievances. ”

“ The Rules compel the Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.” Complainant relies upon common law rights and it was incumbent upon him to provide evidence of those rights with the complaint. He has failed to do so. ”

“ No person or undertaking shall cause or threaten any type of harm to another person or undertaking for the purpose of causing such other person or undertaking to refrain from filing a complaint, or pursuing a complaint already filed, with the KCC or the concerned District Court containing allegations of violations of the present law. ”

“ It is true that the court of appeals asks us to assume the bill of complaint to be 'in other respects sufficient,' that is, sufficient to entitle complainant to relief, if the fraud alleged were available. ”

“ The first step towards what we should call bringing an action against a person, is to present a petition to the judge, who writes on the margin of it an order for bringing before him the party against whom complaint is made. ”

“ In hearing the complaint, the mediation officer shall use every and all reasonable means to ascertain the facts in each complaint speedily and objectively without regard to strict rules of evidence prevailing in suits before courts. ”

“ The circumstances which tend to prove the ultimate fact can be used for the purposes of evidence, but they have no place in the pleadings. We think the complaint does state all the facts necessary to constitute a cause of action. ”

“ If any duty is supposed to be excessive, let the complaint be lodged there. It will surely not be claimed by any well-disposed people that a remedy may be sought and allowed in a system of quasi smuggling. ”

“ If an accidental complaint happened to be preferred by one man against another, they generally were qualified by a knowledge of their characters to administer justice between them, without the risk of being misled by misrepresentation. ”

“ In private complaints he never takes the statement of the complainant. It is taken down by the reader when the court rises and got signed by the magistrate the following day. Whether the report received (upon such complaints) is favourable to the complainant or unfavourable to him, it is never ready by the magistrate, and complaints are dismissed without proper trial. ”

“ Very often, however, it is impossible to verify the statements in the complaint, and then certain assertions by one party, and their denial by the other, face each other without there being any way of solving the difficulty. ”

“ When gentlemen complain of the subscription as matter of grievance, the complaint arises from confounding private judgment, whose rights are anterior to law, and the qualifications, which the law creates for its own magistracies, whether civil or religious. ”

“ But the profession and the public are concerned to have the matured and deliberate, rather than the earliest expression of these opinions; and where the judgment itself is not affected, the parties have no ground of complaint. The individual judges alone can be injured, who, if in the majority, may find that their associates rely upon reasons and illustrations which they consider untenable, or, if in the minority, may see new arguments introduced to fortify positions to which, as originally taken, they had already replied. ”

“ But it is not necessary to rest the case entirely upon the State rule of decision, as it is clear that the matters alleged in the bill of complaint are not sufficient to support any such theory, nor is that the true theory of the claim made by the complainants. ”

“ When a complaint has been investigated, everything possible should be done to remove the cause, and to guard against a similar complaint in the future. The seemingly little precautions count for much. ”

“ For complaints shall be made by all those, whether they are amongst the elect or the reprobate, who have been unjustly treated or injured by you during life, whom you have harmed in their honor, health, or temporal goods, according to the words of the Holy Ghost in the Book of Wisdom: "Then shall the just stand with great constancy against those that have afflicted them and taken away their labors." ”

“ The fifteenth topic is one by which we say that those things which have happened to us appear scandalous even to foes and enemies, and as a general rule, indignation is derived from one or other of these topics.
LV. But complaint will usually take its origin from things of this kind. Complaint is a speech seeking to move the pity of the hearers. In this it is necessary in the first place to render the disposition of the hearer gentle and merciful, in order that it may the more easily be influenced by pity. ”

“ From which line of conduct are we to expect the most beneficent issue, to treat with a complaining power by a determination to show that its complaints are groundless, or by examining the complaints and the evidence in amicable negotiation and deciding afterwards? Let us examine the complaints of France, and then determine whether they are all so frivolous as to excite irritation at the mere mention of them; unless we are so convinced, unless we are thoroughly satisfied that they are so, we cannot vote the Answer as it is reported. ”

“ The proposition to put the matter in the hands of experts chosen by the complainants is not to be seriously considered. The onus is upon the smelter men; they are the offenders, and they must take the steps necessary to remove the cause of complaint, and also reimburse those who have been injured. ”

“ And it would seem that it is against the law to raise hand against any man, however much he offends you, the proper course being to make complaint according to the regulations of the service. Is that so? ”

“ Lastly, complaint is made of the findings of fact sustaining the defenses of adverse possession and laches. The courts below concurred in these findings and explained them in considered opinions. The record shows with certainty that the findings had very substantial support in the evidence. ”

“ They proceed also upon the presumption that claims are extinguished whenever they are not litigated in the proper forum within the prescribed period, and they take away all solid ground of complaint, because they rest on the negligence or laches of the party himself. ”

“ On being shown into the room, he said: "Now, sir, I have come to get your advice."
"Yes," answered the lawyer; "what is the matter?"
"That is for you to find out," said the old man. "I have come to you to get advice, not to give it."
3. The lawyer had never before met so queer a client. No one was in the habit of speaking so bluntly to him. He was rather amused than angry, and made up his mind to find out what the old man really wanted with him.
So he asked: "Have you a complaint to make against any one?"
[Pg 115]
"No," said the farmer; "I live at peace with all my neighbors." ”

“ This always ensures respect and attention, and causes the whole of the persons, to whom it is addressed, to be vigilant in the discharge of their duties, lest complaints should be preferred to the collector, who would speedily summon them to his court, and punish them in a suitable manner. ”

“ Of proofs new-bleeding, which remained the foil
Of this false jewel, and his amorous spoil.
'But ah, who ever shunned by precedent
The destined ill she must herself assay?
Or forced examples, 'gainst her own content,
To put the by-past perils in her way?
Counsel may stop awhile what will not stay;
For when we rage, advice is often seen
By blunting us to make our wills more keen. ”

“ But if those decisions are to stand, it is inconceivable to me that we can deny leave to file the complaints in the present cases. To deny these motions we must hold that the issues tendered are frivolous and insubstantial. ”

“ Our parties of horse and foot, between the rivers, are to be under your command, and to form part of your detachment. As great complaints have been made of the disorderly conduct of the parties which have been sent towards the enemy's lines, it is expected that you will be very attentive in preventing abuses of the like nature, and will inquire how far complaints already made are founded in justice. ”