Lecture -- Week 9 -- Claims

Question 1

A (1) involves suit brought by the defendant against the plaintiff on the same set of facts. A (2) is one in which the same issue is not the same, usually (3) from the rest of the trial. A counterclaim may (4) the amount of the claim. A counterclaim against the state follows the same rules of notice–that is, (5).

Answer 1

1. compulsory counterclaim
2. permissive counterclaim
3. bifurcated
4. exceed
5. 180 days

Question 2

The counterclaim must be part of the (1) and may require motion to amend to do so. The answer and counterclaim are (2) separately. The counterdefendant has (3) to respond.

Answer 2

1. answer
2. signed
3. 20 days

Question 3

A (1) is a claim by one defendant against another. It must be the result of the (2) and must be part of the (3). It must be answered within (4).

Answer 3

1. cross-claim
2. original facts
3. answer
4. 20 days (response to cross-claim)

Question 4

A (1) is the bringing in of other parties as PLT of DEF.

Answer 4

1. joinder

Question 5

(1) is the bringing in of another party. It has the same (2) but a separate (3) and (4). The DEF in this case becomes a (5).

Answer 5

1. third party practice
2. case number
3. separate pleading
4. summons
5. DEF

Question 6

A third party may be brought in within (1) without requirement of a motion. The third-party DEF has (2) to respond.

Answer 6

1. 10 days

2. 20 days