Lecture - Week 8 - Answering a Complain

Question 1

An answer must come within (1) of service and complaint. If service is waived, this extends to (2); if you are served out of state, (3), and if you are served out of country, (4)

Answer 1

1. 20 days
2. 60 days
3. 30 days
4. 90 days

Question 2

A cross-claim and counterclaim must be answered within (1) regardless of whether served (2) or (3).

Answer 2

1. 20 days
2. in state
3. out of state

Question 3

If the court denies a motion to dismiss, a responsive pleading is due (1) within the denial . If the court grants a motion for a more definitive statement, the PLT must fix the complaint and the DEF answers within (2) of that.

Answer 3

1. 10 days

2. 10 days

Question 4

7 criteria for motion to dissmiss

Answer 4

1. subject matter jurisdiction
2. personal jurisdiction
3. improper venue
4. insufficient process
5. insufficient service
6. failure to state a claim upon which relief can be granted
7. failure to join a party under Rule 19

Question 5

Either party can move for (1) and it is based on facts alone. If info is added beyond the pleadings, (2) can be granted instead.

Answer 5

1. judgment on pleadings

2. summary judgment

Question 6

The (1) sets deadlines for preliminary hearings. The def. may move to strike info from the (2); the PLT from the (3). Defenses should be (4) in the motion.

Answer 6

1. court
2. complaint
3. answer
4. consolidated

Question 7

Failure to deny allegations in the answer means they are (1). There should be no “(2)” in an answer.

Answer 7

1. admitted

2. meat

Question 8

One of the affirmative defenses of Rule 8 – when parties agree to an alternative performance or action than what was set out in the original contract

Answer 8

accord and satisfaction

agreement and performance

Question 9

One of the affirmative defenses of Rule 8 – go to arbitration and a binding award was entered

Answer 9

arbitration and award

Question 10

One of the affirmative defenses of Rule 8 – debt was discharged

Answer 10

disclosure in bankruptcy

Question 11

One of the affirmative defenses of Rule 8 – party is precluded from denying the truth of a fact that has already been settled (which cannot be re-litigated)

Answer 11

Estoppel

Question 12

One of the affirmative defenses of Rule 8 – failure to pay

Answer 12

failure of consideration

Question 13

One of the affirmative defenses of Rule 8 – intentional deception

Answer 13

fraud

Question 14

One of the affirmative defenses of Rule 8 – obtained by illegal means

Answer 14

illegality

Question 15

One of the affirmative defenses of Rule 8 – a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of “legal ambush.”

Answer 15

laches

ex: waiting to bring action on improper property line until after neighbor has built on it

Question 16

One of the affirmative defenses of Rule 8 – permission granted by the licensor to a licensee as an element of an agreement

Answer 16

license

Question 17

One of the affirmative defenses of Rule 8 – payment has already been made

Answer 17

payment

Question 18

One of the affirmative defenses of Rule 8 – plaintiff’s actions contributed to his own injury

Answer 18

contributory negligence

Question 19

One of the affirmative defenses of Rule 8 – a signed legal document released a party

Answer 19

release

Question 20

One of the affirmative defenses of Rule 8 – a criminal matter that was previously adjudicated

Answer 20

res judicata

Question 21

One of the affirmative defenses of Rule 8 – certain contracts have to be in writing and signed or else not valid

Answer 21

statute of frauds

Question 22

One of the affirmative defenses of Rule 8 – time to file a lawsuit has expired per statute

Answer 22

statute of limitations

Question 23

One of the affirmative defenses of Rule 8 – relinquished right to something

Answer 23

waiver