Chapter 3 - Study Questions

Chapter 3 - Study Questions - Chapter 3 STUDY QUESTIONS 1....

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Chapter 3 S TUDY Q UESTIONS 1. What are the first steps in bringing a legal action? First the plaintiff will consult with an attorney about his or her complaint, then the attorney will advise the plaintiff on what to expect in the lawsuit including the probability of success at the trial and the procedures that will be involved, then the plaintiff’s attorney will file the complaint, the defendant will then be notified of the lawsuit, the defendant’s attorney will file an answer to the complaint or motion to dismiss, and motion for judgment on the pleadings 2. What are the defendant’s possible responses In an answer, the defendant either admits or denies each of the allegations in the plaintiff’s complaint and may also set forth defenses to those allegations. Under the federal rules, any allegations that are not denied by the defendant will be deemed by the court to have been admitted. Defendant can also admit to the truth, but raise new facts to show that he should not be held liable, which is called raising an affirmative defense. Defendant can also deny allegations and set forth his own claim that the complaint occurred as a result of plaintiff’s negligence and that therefore owes defendant for damages done defendant, which is called a counterclaim. 3. What are the contexts in which pretrial motions may be filed, and what are those motions? Motion to dismiss – a motion normally filed by the defendant in which the defendant asks the court to dismiss the case for a specific reason, such as improper service, lack of personal jurisdiction, or the plaintiff’s failure to state a claim for which relief can be granted
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This note was uploaded on 03/11/2010 for the course BLAW 3201 taught by Professor Fry during the Fall '08 term at LSU.

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Chapter 3 - Study Questions - Chapter 3 STUDY QUESTIONS 1....

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