Chapter 4 Vocab Quiz
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Questions and Answers

A defense that admits the plaintiff's allegations, but introduces another factor that avoids liability. Also called confession and avoidance

  • Cross Complaint
  • Dismissal
  • Affirmative Defense (correct)
  • Confession and Avoidance
  • The main pleading filed by the defendant a in lawsuit in response to the plaintiff's complaint

  • Misnomer
  • Answer (correct)
  • Motion
  • Motion for Summary Judgement
  • A defense that admits the plaintiff's allegations, but introduces another factor that avoids liability. Also called affirmative defense

  • Motion for Summary Judgement
  • Motion for Recusal
  • Confession and Avoidance (correct)
  • Default Judgement
  • A claim that the defendant has against the plaintiff

    <p>Counterclaim</p> Signup and view all the answers

    A claim brought by one defendant against another defendant in the same suit

    <p>Cross Claim</p> Signup and view all the answers

    A pleading used in California by a defendant to file a claim against another defendant, a third party, and the plaintiff in the same action

    <p>Cross Complaint</p> Signup and view all the answers

    A court decision entered against a party who has failed to plead or defend a lawsuit

    <p>Default Judgement</p> Signup and view all the answers

    A pleading used by the defendant to attack the plaintiff's complaint by raising a point of law, such as the failure of the complaint to state a cause of action

    <p>Demurrer</p> Signup and view all the answers

    An order disposing of an action without a trial of the issues

    <p>Dismissal</p> Signup and view all the answers

    A dismissal in which the plaintiff is allowed to correct the error and bring another action on the same claim

    <p>Dismissal without prejudice</p> Signup and view all the answers

    A dismissal in which the plaintiff is barred from bringing another action on the same claim

    <p>Dismissal with prejudice</p> Signup and view all the answers

    Mistake in name

    <p>Misnomer</p> Signup and view all the answers

    A written or oral request made to a court for certain action to be taken

    <p>Motion</p> Signup and view all the answers

    A motion by a party, when a pleading is vague, asking the court to order the other party to make a more definite statement

    <p>Motion for a more definite statement</p> Signup and view all the answers

    A motion by either party for a judgment in that party's favor based solely on information contained in the pleadings

    <p>Motion for judgement on the pleadings</p> Signup and view all the answers

    A request that a judge disqualify himself or herself from a case because of bias or prejudice

    <p>Motion for recusal</p> Signup and view all the answers

    A motion that may be made when all of the papers filed in a case show that there is no genuine issue of fact and that the party making the motion will win the case as a matter of law

    <p>Motion for Summary Judgement</p> Signup and view all the answers

    A motion made by the defendant asking the court to dismiss a case

    <p>Motion to Dismiss</p> Signup and view all the answers

    A motion asking the court to order the other party to remove from a pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter

    <p>Motion to Strike</p> Signup and view all the answers

    The termination of an action that did not adjudicate issues on the merits

    <p>Nonsuit</p> Signup and view all the answers

    To annul, make void, or refuse to sustain

    <p>Overrule</p> Signup and view all the answers

    Disqualify

    <p>Recuse</p> Signup and view all the answers

    The plaintiff's answer to the defendant's counterclaim

    <p>Reply</p> Signup and view all the answers

    An immediate decision by the court, without going to trial, based on the papers filed by the parties

    <p>Summary Judgement</p> Signup and view all the answers

    To Support

    <p>Sustain</p> Signup and view all the answers

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