What is the answer of the defendant?Asked by: Abe Kshlerin | Last update: October 28, 2023
Score: 4.4/5 (40 votes)
After discussing the claim with the plaintiff's attorney, the defendant must file an answer to the complaint. The answer tells the court in what ways the plaintiff's prima facie case is defective and to assert any affirmative defenses. This is also the time to object if the case has been brought in the wrong court.
Does plaintiff have to reply to answer?
The answer may contain affirmative defenses and counterclaims against the plaintiff. If there are counterclaims asserted, the plaintiff must then serve and file a written reply to the counterclaims.
What is an example of a defendant?
In a criminal case, the defendant is the person accused of committing a crime. For example, if someone is accused of murder, the government will bring a criminal case against them. The government is the plaintiff, and the accused is the defendant.
What is the defendant's formal answer to a charge?
plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court. A plea of nolo contendere or an Alford plea may also be made.
Who is the defendant of the plaintiff?
In a civil case, a plaintiff is the party that brings legal action or in whose name such action is brought. The defendant is the party targeted by the legal action filed by the plaintiff.
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What is the opposite of a plaintiff?
The defendant the person or entity that is being sued. Plaintiff and defendant are terms usually used in civil cases and/or a civil lawsuit.
Who is usually the plaintiff?
In Civil Cases, the Plaintiff is the person(s) who has alleged that a wrongdoing has been done to the them. The Defendant is the person(s) or entity that has been accused of committing a wrongful act.
What is it called when you request to ask a defendant to respond in writing to a series of questions?
Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.
What is a formal charge against someone called?
Hearing - A formal proceeding with one or more legal issues to be agreed upon or determined. Indictment - A formal, written accusation by the grand jury that there is enough evidence to believe the defendant has committed a crime. An indictment is sometimes referred to as a true bill.
What is a formal plea?
Primary tabs. When a person is charged with a crime, they must answer to that charge in court during an arraignment. This formal answer is called a plea. A defendant can either admit to the charges by pleading guilty or deny the charges by pleading not guilty.
What does my defendant mean?
A defendant is a person who has been accused of breaking the law and is being tried in court. The defendant pleaded guilty and was fined $500. Synonyms: accused, respondent, appellant, litigant More Synonyms of defendant.
What is the role of the defendant?
Defendant, in criminal cases, is the person accused of the crime. In civil cases, the defendant is the person or entity that is being sued by the plaintiff. In certain types of actions, the defendant is called the respondent. However, the term respondent is usually used to designate the person responding to an appeal.
What does being the defendant mean?
: a person or group against whom a criminal or civil action is brought : someone who is being sued or accused of committing a crime. if the jury finds the defendant not guilty. compare plaintiff.
Is an answer a response filed by a defendant?
An answer is a formal written response to the plaintiff's complaint in which the defendant responds to all of the allegations in the complaint and sets forth any defenses to all or part of plaintiff's claims. An answer is filed by the defendant after s/he has been served with a copy of the complaint.
What if you refuse to answer a question in court?
If a witness refuses to answer a question or to produce evidence based on a claim of the privilege against self-incrimination, a judge may grant immunity to the witness under (c) or (d) and order the question answered or the evidence produced.
Do you have to answer yes or no in court?
Give the answer in your own words, and if a question can't be truthfully answered with "yes" or "no," you have the right to explain your answer. Answer only the question asked you.
How much evidence is enough to convict someone?
The highest standard of proof is “beyond a reasonable doubt.” When a prosecutor can demonstrate beyond a reasonable doubt that a defendant committed a crime, the defendant is usually convicted of the illegal act.
What is the person who charges a defendant with a crime called?
The prosecutor decides whether to charge the crime as a felony or a misdemeanor. The prosecutor can file charges on all of the crimes for which the police arrested the defendant or can decide to file fewer charges or more charges than were included in the arrest report.
What happens after being found not guilty?
If a defendant is found not guilty, he or she is not legally answerable for the criminal charge filed against him/her. An acquittal comes about when the trier of fact, a judge or jury, finds a defendant “not guilty” of the crime charged.
What is called when the plaintiff's attorney asks question to the defendant?
When examining a witness, the plaintiff's lawyer asks the questions first, and this is called DIRECT EXAMINATION. The defendant's lawyer then CROSS-EXAMINES the witness. Generally, cross-examination is limited to questions concerning matters brought up in direct examination.
What is a legal response letter?
A response to demand letter is a formal written reply to a demand for payment. Though this response may be enough to repel the quest for payment, it may also enter as evidence in a court case if things aren't resolved – so the letter should provide a clear and detailed explanation.
What is a responsive pleading called?
This process is also known as joining issue. The distinguishing feature of a responsive pleading is that it replies to the merits of the allegations raised by an opposing party.
Who is more likely to win the plaintiff or defendant?
Plaintiffs won in 68% of bench trials, compared to about 54% of jury trials.
Which of the following are the most serious of crimes?
Felonies are the most serious type of crime and are often classified by degrees, with a first degree felony being the most serious. They include terrorism, treason, arson, murder, rape, robbery, burglary, and kidnapping, among others.
What is legal due process?
due process of law. n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result.