We have introduced these terms but have not gotten sharp definitions or examples. The best definition involves one or both of two features. First, the complaint includes the legal arguments and citations plaintiff will make to defend the claim in opposing a motion to dismiss or for summary judgment. Second, the complaint anticipates and responds to defenses, including by making legal arguments about why the defense fails or why the plaintiff can overcome the defense
Here is a nice example. Plaintiff sued the DA and ADA for Starr County, TX for a constitutional violation following her arrest on murder charges following a medication abortion. The ADA secured a grand-jury indictment and had plaintiff arrested, although the DA dismissed the charges three days later.
See Parts V and VI (the complaint uses a weird and probably incorrect numbering scheme). Part V lists the statutory provisions involved--a feature of an appellate brief, as you now know, but not of a complaint. Part VI argues why, with case citations, the affirmative defense of prosecutorial immunity does not bar the claim. Neither is necessary or appropriate for a short-and-plain statement. Why not state your claim--they arrested and had her indicted on nonsense charges, violating the Constitution, and entitling plaintiff to $ 1 million--and let the rest play out later in the litigation process?
One reason, perhaps, is knowing this case will attract national attention and wanting to get ahead of those issues in public. But consider whether it is worth it to complicate your case that way.
