Response By Defendant (civil Litigation) Flashcards
Once lawsuit filed and complaint served, defendant has _
Designated period in which to respond
Period of time for defendant to respond ranges _
20-30 days
Defendant may respond by filing a _ or by filing a _
Motion
Answer
Motion may be raising issues of lack of _
Jurisdiction
Motion may be raising issues of failure to _
Properly state a claim
Motion may be raising issues of
Other affirmative defenses
Lack of jurisdiction is court where suit was filed _
Does not have jurisdictional authority to hear the claim
Lack of jurisdiction is court where suit was filed _
Does not have jurisdictional authority to hear the claim
Failure to state a claim means that even if stuff said in complaint is true _
Does not constitute a lawsuit
Other affirmative defenses that may be raised through a motion is statute _
Of limitations
Other affirmative defenses that may be raised through a motion (rj)
Res judicata)
Other affirmative defenses that may be raised through a motion (r)
Release
Other affirmative defenses that may be raised through a motion (a&s)
Accord and satisfaction
Other affirmative defenses that may be raised through a motion would be several
Others
Statute of limitations deeense means suit filed too late, therefore _
Barred by statute of limitations
Res judicata, claim has already been _ and cannot be litigated again
Adjudicated
Adjudicate means to
Resolve
Release or accord and satisfaction means theee has been _ therefore reassertion of claim is barred
Some sort of settlement reached in regards to claim
Barred means to prevent party from bringing a _ or _
Claim
Action
If no motion filed in time allowed after service of complaint _
Defendant is to file an answer
Answer responds to each numbered _ of complaint
Paragraph
Answer is so plaintiff knows _
What will be contested
In addition to response to paragraphs, defendant may be called upon to _
Raise any affirmative defenses in that answer
Defenses may constitute _ to the claim asserted
An automatic bar
