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In this lesson, you will learn what the answer stage is, and the defendant’s choices at this stage of the case.
Answer & Defenses
The Answer admits or denies the specific allegations in the Complaint.
It may be accompanied by Affirmative Defenses that help avoid liability for the claims.
It may also be accompanied by Counterclaims that mitigate amounts owed for the claims.
Definitions
- Pleading — a statement of facts and law outlining a party’s position
- Motion — a request to a court for an order
- Hearing — a proceeding by which a judge rules on motions
- Standing — a direct stake or interest in a claim
- Jurisdiction — The authority of a court to decide a case
- Venue — the county or district where the alleged injury took place
More Definitions
- Affirmative defense — a set of facts that describes why the defendant should win even if the plaintiff’s facts are true
- Counterclaim — a claim filed against the plaintiff by a defendant using the same circumstances described by the plaintiff
- Relation back — treating something done today as though it were done earlier
- Prima facie — “at first face” (Latin), where plausible facts are accepted as true until proven false
- Res ipso loquitur — “the thing speaks for itself” (Latin), where negligence is presumed because an accident occurred
Transcript
Just as the complaint stage is driven by the plaintiff, the answer stage is driven by the defendant.
The answer stages where the person or persons being sued and defending the lawsuit explain in writing or by court appearance why they are not liable.
At this point, the defendant has several choices. What he or she chooses determines the status of the case.
He can say it\’s not true. I did it, but I\’m not liable.
The plaintiff is liable too, or any combination of these.