Chapter 6: Defending And Testing The Lawsuit Flashcards
(13 cards)
What is the Affiant?
The person who signs an affidavit.
What is a Affidavit?
A written, sworn statement.
What is an Answer?
A formal pleading filed in response to the complaint; identifies the issues to be contested and contains a statement of what the defendant admits and denies and what defenses to the claim, if any, will be presented.
What are Argumentative Denials?
Denials that state facts suggesting a defense, but in fact are not really defenses.
What is a Bill of Particulars?
A request for the opponent to make an ambiguous pleading more definite and certain.
What is a Brief?
A document stating the relevant legal authority and how it should be applied to the issues and facts of a case.
What is a Counterclaim?
A claim asserted by the defendant against the plaintiff, often included in or with the answer.
What is a Cross-Claim?
A claim by one party against a co-party in the same action.
What is a Demurrer?
A document used in some states to dispute the sufficiency of the complaint or other pleading.
What is a Memorandum of Law?
A document, normally shorter and less formal than a brief, stating the relevant legal authority and how it should be applied to the issues and facts of a case.
What is a Motion?
A request for a court order granting relief to the moving party.
What is an Order?
A directive from a judge requiring some act or restraint from some act in a lawsuit.
What is a Third-Party Practice (Impleader)?
The filing of a third-party complaint by the original defendant against a person not yet named a party to the lawsuit, alleging that the third party is or may be liable for all or a part of any damages won by the original plaintiff against the original defendant.
