Chapter 4 Vocab Quiz

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

The main pleading filed by the defendant a in lawsuit in response to the plaintiff's complaint

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

A claim that the defendant has against the plaintiff

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

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

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

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

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

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

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

Mistake in name

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

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

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

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

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

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

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

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

To annul, make void, or refuse to sustain

Disqualify

The plaintiff's answer to the defendant's counterclaim

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

To Support