Defensive pleadings in civil trials Ch. 4

Question 1

What are the 5 grounds for demurrer

Answer 1

Failure to state facts sufficient to constitute a cause of action.
Lack of subject matter jurisdiction.
Plaintiff lacks capacity to sue.
Another action pending between the same parties for the same cause.
Defect or misjoinder of parties

Question 2

In the actions of Demurrer the court holds a hearing and either

Answer 2

Sustains (upholds) the Demurrer
Case ends by nonsuit unless court allows plaintiff to amend complaint
Overrules (annuals, makes void) demurrer
Defendant is given an opportunity to answer

Question 3

What are the grounds for motion to dismiss

Answer 3

Lack of jurisdiction of subject matter
Lack of jurisdiction over person
Improper venue
Insufficiency of process
Insufficiency of service
Failure to state a claim on which relief can be granted.

Question 4

Defined motion for a more definite statement

Answer 4

Use when pleading is so vague that other party cannot respond to it

Question 5

Define Motion for judgment on a pleadings

Answer 5

Can be made by either side after complaint and answer have been filed alleging either

Question 6

Defendant’s answer does not

Answer 6

Set forth a legally sufficient defense

Question 7

Define Summary judgment

Answer 7

An decision by the court, without a trial, based on papers filed and evidence presented (such as depositions), dismissing the case

Question 8

Define answer

Answer 8

A short and plain statement of defense

Question 9

Define affirmative defenses (confession of avoidance)

Answer 9

Reasons that will stop plaintiff from winning case even if defendant has done the acts for which he or she is being sued