CH. 4

Question 1

affirmative defense

Answer 1

A defense that admits the plaintiff’s allegations but introduces another factor that avoids liability.

Question 2

answer

Answer 2

The main pleading filed by the defendant in a lawsuit in response to the plaintiff’s complaint

Question 3

confession and avoidance

Answer 3

A defense that admits the plaintiff’s allegations, but introduces another factor that avoids liability

Question 4

counterclaim

Answer 4

a claim that the defendant has
against the plaintiff

Question 5

cross-claim

Answer 5

A claim brought by one defendant against another
defendant in the same suit

Question 6

cross-complaint

Answer 6

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

Question 7

default judgment

Answer 7

Entered on failure of a party to appear or plead at the proper time

Question 8

demurrer

Answer 8

A pleading available to the defendant to attack the plaintiff’s complaint by raising a point of law

Question 9

dismissal

Answer 9

An order disposing of an action without trial of the issues

Question 10

dismissal with prejudice

Answer 10

The plaintiff is allowed to correct the error and bring another action on the same claim

Question 11

dismissal without prejudice

Answer 11

The plaintiff is barred from bringing another suit on the same claim

Question 12

misnomer

Answer 12

Mistake in the name of a party

Question 13

motion

Answer 13

A written or oral request made to a court for certain action to be taken

Question 14

motion for a more definite statement

Answer 14

When a pleading is so vague that the other party cannot properly respond to it

Question 15

motion for judgement on the pleadings

Answer 15

A motion by either party for a judgment, in that party’s favor, based solely on information contained in the pleadings.

Question 16

motion for recusal

Answer 16

A request that the judge recuse (disqualify) himself or herself from the case because of the unfairness

Question 17

motion for summary judgement

Answer 17

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

Question 18

motion to dismiss

Answer 18

The plaintiff will do something that will the defendant grounds to have the case dismissed

Question 19

motion to strike

Answer 19

May be used by either party to have stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter

Question 20

nonsuit

Answer 20

Termination of an action without adjudicating issues on the merits

Question 21

overrule

Answer 21

Annulled, made void, or not sustained

Question 22

recuse

Answer 22

to disqualify (oneself) as judge in a particular case

Question 23

reply

Answer 23

legal name given to the answer to the counterclaim

Question 24

summary judgement

Answer 24

An immediate decision by the trial judge, based on the documents filed by the parties, such as affidavits, depositions, and admissions

Question 25

sustain

Answer 25

to give support or relief to