Chapter 8

Question 1

It sets forth the relevant allegations of fact that give rise to one or more legal causes of action, along with the damages requested

Answer 1

Compliant

Question 2

Elements for complaint

Answer 2

1. a short, concise statement of the grounds on which the court’s jurisdiction depends (the court’s authority to hear the case);
2. a statement of the claim demonstrating that the pleader is entitled to relief; and
3. a demand for judgment for the relief to which the plaintiff deems him- or herself entitled.

Question 3

The legal document issued by a court and served on an individual announcing that a legal proceeding has been commenced.

Answer 3

Summons

Question 4

Provides the date and place where the defendant must appear to respond to and answer the complaint.

Answer 4

Summons

Question 5

A pleading in a lawsuit by the defendant challenging the legal adequacy of the plaintiff’s complaint.

Answer 5

Demurrer

Question 6

Can be filed by one of the parties to a lawsuit claiming that the evidence presented by the other party is insufficient to sustain an issue or case.

Answer 6

Demurrer

Question 7

After service of a complaint, a response is required from the defendant in a document

Answer 7

Answer

Question 8

The _____ to a complaint requires the defendant to respond to each of the allegations contained in the complaint by stating his or her defenses and by admitting to or denying each of the plaintiff’s allegations.

Answer 8

Answer

Question 9

Generally filed with the answer denying the plaintiff’s claims by alleging that it was the plaintiff and not the defendant who committed a wrongful act and, therefore, it is the defendant who is entitled to damages.

Answer 9

Counter Claim

Question 10

For example, the plaintiff could sue a hospital for personal injuries and property damage caused by the negligent operation of the hospital’s ambulance. The hospital could also file a counterclaim on grounds that its driver was careful and that it was the plaintiff who was negligent and is liable to the hospital for damage to the ambulance.

Answer 10

Counterclaim

Question 11

A written request by the defendant for more detailed information from the plaintiff regarding the allegations and claim(s) made than is provided in the initial complaint.

Answer 11

Bill of Particulars

Question 12

The first pleading in a lawsuit.

Answer 12

Complaint