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What is the first decision that must be made when preparing a civil complaint?

  1. Who is to be charged

  2. When did the violation occur

  3. Where did the violation occur

  4. What is the maximum penalty or fine

The correct answer is: Who is to be charged

Determining who is to be charged is the first and most crucial decision when preparing a civil complaint. This step sets the foundation for the complaint because it identifies the parties involved in the legal matter. Properly identifying who is responsible for the alleged violation helps to establish accountability and ensures that the case is directed towards the correct individuals or entities. Once the parties are identified, the next steps can be taken, such as outlining the specifics of the violation and any relevant penalties. However, these follow-up decisions rely on having the correct parties in place first. Without this initial identification, the complaint could be misdirected, leading to potential delays or failures in the legal process. Therefore, establishing who to charge is essential for the effective initiation of any civil complaint.