Lecture - Week 8 - Answering a Complain Flashcards Preview

LAS109 - Civil Pro I > Lecture - Week 8 - Answering a Complain > Flashcards

Flashcards in Lecture - Week 8 - Answering a Complain Deck (23):
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)

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

2

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

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

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.

1. 10 days
2. 10 days

4

7 criteria for motion to dissmiss

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

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.

1. judgment on pleadings
2. summary judgment

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.

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

7

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

1. admitted
2. meat

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

accord and satisfaction
(agreement and performance)

9

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

arbitration and award

10

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

disclosure in bankruptcy

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)

Estoppel

12

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

failure of consideration

13

One of the affirmative defenses of Rule 8 -- intentional deception

fraud

14

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

illegality

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."

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

16

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

license

17

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

payment

18

One of the affirmative defenses of Rule 8 -- plaintiff's actions contributed to his own injury

contributory negligence

19

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

release

20

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

res judicata

21

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

statute of frauds

22

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

statute of limitations

23

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

waiver