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? Seek the advice of a qualified attorney; discuss the probability of success at trial; consider costs 2. What are the defendant’s possible responses An answer admits the allegations in the complaint or denies them o Affirmative defense: the defendant admits the truth of the complaint, but raises new facts to dismiss the action o Counterclaim: the defendant makes a claim against the plaintiff Motion to dismiss: alleges that even if the facts in the complaint are true, their legal consequences are frivolous No response: results in a default judgment for the plaintiff 3. What are the contexts in which pretrial motions may be filed, and what are those motions? Motion to dismiss: either party may file a motion to dismiss if they have agreed to settle the case Motion for judgment on the Pleadings: when no facts are disputed and only questions of law are at issue
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Chapter 3 study questions - Chapter 3 STUDY QUESTIONS 1....

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