Response By Defendant (civil Litigation) Flashcards

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1
Q

Once lawsuit filed and complaint served, defendant has _

A

Designated period in which to respond

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2
Q

Period of time for defendant to respond ranges _

A

20-30 days

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3
Q

Defendant may respond by filing a _ or by filing a _

A

Motion

Answer

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4
Q

Motion may be raising issues of lack of _

A

Jurisdiction

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5
Q

Motion may be raising issues of failure to _

A

Properly state a claim

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6
Q

Motion may be raising issues of

A

Other affirmative defenses

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7
Q

Lack of jurisdiction is court where suit was filed _

A

Does not have jurisdictional authority to hear the claim

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8
Q

Lack of jurisdiction is court where suit was filed _

A

Does not have jurisdictional authority to hear the claim

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9
Q

Failure to state a claim means that even if stuff said in complaint is true _

A

Does not constitute a lawsuit

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10
Q

Other affirmative defenses that may be raised through a motion is statute _

A

Of limitations

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11
Q

Other affirmative defenses that may be raised through a motion (rj)

A

Res judicata)

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12
Q

Other affirmative defenses that may be raised through a motion (r)

A

Release

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13
Q

Other affirmative defenses that may be raised through a motion (a&s)

A

Accord and satisfaction

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14
Q

Other affirmative defenses that may be raised through a motion would be several

A

Others

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15
Q

Statute of limitations deeense means suit filed too late, therefore _

A

Barred by statute of limitations

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16
Q

Res judicata, claim has already been _ and cannot be litigated again

A

Adjudicated

17
Q

Adjudicate means to

A

Resolve

18
Q

Release or accord and satisfaction means theee has been _ therefore reassertion of claim is barred

A

Some sort of settlement reached in regards to claim

19
Q

Barred means to prevent party from bringing a _ or _

A

Claim

Action

20
Q

If no motion filed in time allowed after service of complaint _

A

Defendant is to file an answer

21
Q

Answer responds to each numbered _ of complaint

A

Paragraph

22
Q

Answer is so plaintiff knows _

A

What will be contested

23
Q

In addition to response to paragraphs, defendant may be called upon to _

A

Raise any affirmative defenses in that answer

24
Q

Defenses may constitute _ to the claim asserted

A

An automatic bar