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Klagantrag

English translation: complaint

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Klagschrift
English translation:complaint
Entered by: Antoinette-M. Sixt Ruth

18:21 Jul 5, 2002
German to English translations [PRO]
Law/Patents / civil litigation
German term or phrase: Klagantrag
In civil litigation, is it appropriate to use the term "petition" to translate Klag(e)antrag or Klageschrift?
Antoinette-M. Sixt Ruth
Local time: 10:52
complaint
Explanation:
n. the first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another. The party filing the complaint is usually called the plaintiff and the party against whom the complaint is filed is called the defendant or defendants. Complaints are pleadings and must be drafted carefully (usually by an attorney) to properly state the factual as well as legal basis for the claim, although some states have approved complaint forms which can be filled in by an individual. A complaint also must follow statutory requirements as to form. For example, a complaint must be typed on a specific type of paper or on forms approved by the courts, name both the party making the claim and all defendants, and should state what damages or performance is demanded (the prayer). When the complaint is filed, the court clerk will issue a summons, which gives the name and file number of the lawsuit and the address of the attorney filing the complaint, and instructs the defendant that he/she/it has a specific time to file an answer or other response. A copy of the complaint and the summons must be served on a defendant before a response is required. Under a unique statute, New York allows a summons to be served without a complaint. A complaint filing must be accompanied by a filing fee payable to the court clerk, unless a waiver based on poverty is obtained.

http://dictionary.law.com/definition2.asp?selected=261&bold=||||

as opposed to
petition
1) n. a formal written request to a court for an order of the court. It is distinguished from a complaint in a lawsuit which asks for damages and/or performance by the opposing party. Petitions include demands for writs, orders to show cause, modifications of prior orders, continuances, dismissal of a case, reduction of bail in criminal cases, a decree of distribution of an estate, appointment of a guardian, and a host of other matters arising in legal actions. 2) n. a general term for a writing signed by a number of people asking for a particular result from a private governing body (such as a homeowners association, a political party, or a club). 3) in public law, a writing signed by a number of people which is required to place a proposition or ordinance on the ballot, nominate a person for public office, or demand a recall election. Such petitions for official action must be signed by a specified number of registered voters (such as five percent). 4) v. to make a formal request of a court; to present a written request to an organization's governing body signed by one or more members. 5) n. a suit for divorce in some states, in which the parties are called petitioner and respondent.

Selected response from:

wrtransco
Local time: 11:52
Grading comment
Impressive; thank you so much!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3complaint
wrtransco
4Petition
Heidi Varblow


  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Petition


Explanation:
that's what I used before.

Heidi Varblow
United States
Local time: 11:52
Native speaker of: Native in GermanGerman
PRO pts in pair: 21
Login to enter a peer comment (or grade)

14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
complaint


Explanation:
n. the first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another. The party filing the complaint is usually called the plaintiff and the party against whom the complaint is filed is called the defendant or defendants. Complaints are pleadings and must be drafted carefully (usually by an attorney) to properly state the factual as well as legal basis for the claim, although some states have approved complaint forms which can be filled in by an individual. A complaint also must follow statutory requirements as to form. For example, a complaint must be typed on a specific type of paper or on forms approved by the courts, name both the party making the claim and all defendants, and should state what damages or performance is demanded (the prayer). When the complaint is filed, the court clerk will issue a summons, which gives the name and file number of the lawsuit and the address of the attorney filing the complaint, and instructs the defendant that he/she/it has a specific time to file an answer or other response. A copy of the complaint and the summons must be served on a defendant before a response is required. Under a unique statute, New York allows a summons to be served without a complaint. A complaint filing must be accompanied by a filing fee payable to the court clerk, unless a waiver based on poverty is obtained.

http://dictionary.law.com/definition2.asp?selected=261&bold=||||

as opposed to
petition
1) n. a formal written request to a court for an order of the court. It is distinguished from a complaint in a lawsuit which asks for damages and/or performance by the opposing party. Petitions include demands for writs, orders to show cause, modifications of prior orders, continuances, dismissal of a case, reduction of bail in criminal cases, a decree of distribution of an estate, appointment of a guardian, and a host of other matters arising in legal actions. 2) n. a general term for a writing signed by a number of people asking for a particular result from a private governing body (such as a homeowners association, a political party, or a club). 3) in public law, a writing signed by a number of people which is required to place a proposition or ordinance on the ballot, nominate a person for public office, or demand a recall election. Such petitions for official action must be signed by a specified number of registered voters (such as five percent). 4) v. to make a formal request of a court; to present a written request to an organization's governing body signed by one or more members. 5) n. a suit for divorce in some states, in which the parties are called petitioner and respondent.



wrtransco
Local time: 11:52
Native speaker of: Native in GermanGerman
PRO pts in pair: 236
Grading comment
Impressive; thank you so much!

Peer comments on this answer (and responses from the answerer)
agree  Kathi Stock: Wow!
0 min
agree  Dr. Fred Thomson
7 mins
agree  stefana
1 day 4 mins
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