Basic Terms 7

Question 1

Demurrer

Answer 1

Objection to the suit based on legal errors in pleading

Question 2

accord and satisfaction

Answer 2

agreement between parties that a specific action on the part of the defendant resolved the dispute

Question 3

assumption of risk

Answer 3

plaintiff possessed sufficient knowledge or info of the dangers involved

Question 4

contributory negligence

Answer 4

an assertion that the plaintiffs own conduct contributed to the cause of the loss or injury

Question 5

estoppel

Answer 5

prohibition forbidding the plaintiff from denying past statements or activities upon which the defendant may have based their own actions

Question 6

laches

Answer 6

a doctrine asserting that the plaintiff’s delay or failure to assert a right may allow the court to deny relief

Question 7

counterclaim

Answer 7

a claim the defendant makes against the plaintiff

Question 8

cross-claim

Answer 8

a counterclaim filed against a co-plaintiff or co-defendant

Question 9

cross-action

Answer 9

action brought against the plaintiff arising from an allegation the plaintiff made in the original complaint

Question 10

motion to dismiss

Answer 10

formal request that the plaintiff’s suit be dismissed without further consideration