Pleadings & Notices Quiz
10 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What happens if a defendant does nothing after service?

  • They will automatically win the case
  • They can still negotiate with the plaintiff
  • It results in default judgment (correct)
  • They can file a counterclaim

A plea on merits handles legal objections to aspects of the claim.

False (B)

What is the time limit for filing a plea after delivering a notice of intention to defend?

20 days

If a summons has been served outside of the jurisdiction and is over 150 km away, the defendant has __________ to file a notice to defend.

<p>one month</p> Signup and view all the answers

Match the following types of pleas with their descriptions:

<p>Plea on merits = Deals with the substance and validity of the claim Special plea = Legal objections to aspects of the claim Admit averments = Acknowledgment of facts presented by the plaintiff Deny averments = Statements asserting falsehoods to the facts</p> Signup and view all the answers

What is a dilatory special plea designed to do?

<p>Postpone the plaintiff's cause of action (D)</p> Signup and view all the answers

Prescription can only be raised by the court at any time during the proceedings.

<p>False (B)</p> Signup and view all the answers

List one example of a special plea of abatement.

<p>Prescription, Res Judicata, Autrefois Acquit, or Non Locus Standi.</p> Signup and view all the answers

A special plea of _____ involves a claim that has already been adjudicated.

<p>Res Judicata</p> Signup and view all the answers

Match the following types of special pleas with their characteristics:

<p>Prescription = Requires prosecution within a certain timeframe Lis Pendens = Relates to pending litigation Premature Summons = Already suing for the same reason Arbitration = A method to resolve disputes outside of court</p> Signup and view all the answers

Flashcards

Notice of Intention to Defend

When a defendant agrees to defend the claim in court.

Plea

Formal reply to the plaintiff's claim, containing a defence. Can be based on merits or legal objections.

Admit Averments

Acknowledging specific facts presented by the plaintiff.

Service

Legal process of serving documents (like pleadings) on the defendant.

Signup and view all the flashcards

Address for Service

A legal address provided by the defendant, usually their attorney's address, where all further legal documents are served.

Signup and view all the flashcards

Special Plea

A procedural plea that either stops or delays a lawsuit. It does not address the case's merits, but rather raises legal issues like time limits or prior rulings.

Signup and view all the flashcards

Special Plea of Abatement

A special plea that eliminates a plaintiff's claim entirely. It's like a game-ending move, stopping the lawsuit from proceeding further.

Signup and view all the flashcards

Dilatory Special Plea

A special plea that delays the lawsuit but doesn't end it. It gives the defendant time to address the claim, but doesn't dismiss it completely.

Signup and view all the flashcards

Prescription (as a Special Plea)

A special plea arguing that a claim has been filed too late, exceeding the legal time limit for filing.

Signup and view all the flashcards

Litis Contestatio

The point in a lawsuit where all arguments have been presented, and the case is ready for trial. It's like a final closure on the debate.

Signup and view all the flashcards

Study Notes

Pleadings & Notices

  • Notice of Intention to Defend

    • After service, defendant can choose to:
      • Do nothing, leading to a default judgment
      • Contact plaintiff to settle or make payment arrangements
      • Defendant may consent to judgment and enter a notice of appearance
    • Prepared & served by defendant's attorney
    • Notice has effect to place defendant's attorney on record
    • "Notice of withdrawal" required if attorney ceases to represent defendant
  • Defendant's Choice of Service Address

    • Defendant chooses an address for service, typically the attorney's address
    • "Kindly take note that the defendant is of intention to defend this action". All further pleadings & notices may be served on defendant's attorney, indicated below
    • Signed Attorney of Defendant
    • Sent to: Clerk of court
    • Copy received on this... day of March 2020
  • High Court Service

    • Subsequent service after summons: Rule 4A
    • HC service may be effected either at physical address for service in notice, by registered post to postal address, or via fax or email
    • Service addresses in both courts must be within a radius of 150 km from court
  • Magistrate Court Service

    • No restriction type of address (physical or postal)
    • Defendant must indicate whether he will accept service through electronic means
    • Rule 13(2)(b) provides that defendant indicates if will accept service other than address AND indicates preferred manner
  • Plea and Counterclaim

    • Plea: Defendant's reply to plaintiff's claim
      • 2 Kinds
        • Plea on merits: Deals with substance/validity of claim, (e.g., who's fault was the collision)
        • Special plea: Legal objection to some aspect of claim (e.g., prescription, jurisdiction)
      • Defendant in his plea:
        • Admit averments
        • Deny averments
        • Contest & avoid (see examples)
        • Plead non-admission
          • For each & every fact —> he cannot admit or deny —> puts plaintiff to prove
    • Time limits for plea
      • Both courts: Within 20 days after delivering notice of intention to defend (unless otherwise specified)
  • Further Manners of Pleading

    • Pleading a counterclaim
    • Pleading an alternative defense to the main defense
    • Plead a tender – to give something back
  • Important Notes

    • Facts admitted are common cause: no evidence required at trial
  • Plea Time Limits - Time limit to file a plea

  • Plea on Merit – The validity of the claim.

  • Special Plea – A legal objection. (e.g., lack of jurisdiction)

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Description

Test your knowledge on the various aspects of pleadings and notices in legal proceedings. This quiz covers the notice of intention to defend, service addresses for defendants, and high court service rules. Prepare to explore important concepts and procedures critical for legal professionals.

More Like This

Legal Pleadings Quiz
10 questions

Legal Pleadings Quiz

WellConnectedFuchsia avatar
WellConnectedFuchsia
Order VI: Pleadings Generally
10 questions
Amendment of Pleadings in Court
13 questions
Use Quizgecko on...
Browser
Browser