CH. 4 Flashcards
Defensive Pleadings in Civil Trials
affirmative defense
A defense that admits the plaintiff’s allegations but introduces another factor that avoids liability.
answer
The main pleading filed by the defendant in a lawsuit in response to the plaintiff’s complaint
confession and avoidance
A defense that admits the plaintiff’s allegations, but introduces another factor that avoids liability
counterclaim
a claim that the defendant has
against the plaintiff
cross-claim
A claim brought by one defendant against another
defendant in the same suit
cross-complaint
A pleading used in California by a defendant to file a claim against another defendant, a third party, and the plaintiff in the same action
default judgment
Entered on failure of a party to appear or plead at the proper time
demurrer
A pleading available to the defendant to attack the plaintiff’s complaint by raising a point of law
dismissal
An order disposing of an action without trial of the issues
dismissal with prejudice
The plaintiff is allowed to correct the error and bring another action on the same claim
dismissal without prejudice
The plaintiff is barred from bringing another suit on the same claim
misnomer
Mistake in the name of a party
motion
A written or oral request made to a court for certain action to be taken
motion for a more definite statement
When a pleading is so vague that the other party cannot properly respond to it
motion for judgement on the pleadings
A motion by either party for a judgment, in that party’s favor, based solely on information contained in the pleadings.
motion for recusal
A request that the judge recuse (disqualify) himself or herself from the case because of the unfairness
motion for summary judgement
May be made when all of the papers filed in a case show there
is no genuine issue of material fact and that the party making the motion will win the case as a
matter of law
motion to dismiss
The plaintiff will do something that will the defendant grounds to have the case dismissed
motion to strike
May be used by either party to have stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter
nonsuit
Termination of an action without adjudicating issues on the merits
overrule
Annulled, made void, or not sustained
recuse
to disqualify (oneself) as judge in a particular case
reply
legal name given to the answer to the counterclaim
summary judgement
An immediate decision by the trial judge, based on the documents filed by the parties, such as affidavits, depositions, and admissions
