Answer Legal Definition

In law, a response refers to a defendant`s first formal written statement on a plaintiff`s first motion or complaint. This opening written statement will admit or reject the allegations or request additional information about the allegations of misconduct. Most often, a response includes the defendant`s counterclaims (claims or claims against the plaintiff) and/or affirmative defenses (legal defenses that may defeat the plaintiff`s claim). At common law, a response is a defendant`s first argument, which is usually filed within a certain strict time and served on the plaintiff after the defendant has received a civil claim or criminal information or an indictment. It may have been preceded by an optional request for dismissal or to thwart „pre-response”; If such a request is rejected, the defendant must file a response to the complaint under penalty of adverse judgment. The word answer contains a double meaning; it is one thing when he simply answers a question, another when he encounters an accusation; The answer in justice encompasses both meanings and can be divided into a trial and a defense. The response informs the plaintiff of the issues that the defendant will raise during the proceedings and allows the plaintiff to prepare a case appropriately. In most jurisdictions, the response must be filed within twenty days of receipt of the subpoena and complaint, although local regulations and practices may dictate different filing deadlines. During controversial debates, distraction, colloquially referred to as „changing the subject,” has been widely observed and often seen as a failure to answer a question. [3] She contacted her lawyer and, together, they filed a formal written complaint with the courts setting out the allegations against the truck driver and the insurance company, as well as the compensation she was seeking. The truck driver`s lawyer submitted a response to the courts, denied wrongdoing for each of the allegations, and demanded more information before he could proceed.

Advocacy – The first phase of a lawsuit begins with oral argument, in which the plaintiff is asked to file a written complaint and the defense to file its written „response” to that complaint. The defense may also file a counterclaim to prove how they were also harmed by the plaintiff and what damages they are seeking. The famous Latin Responsa Prudentium („Answers of Scholars”) were the views accumulated by many successive generations of Roman jurists, a legal opinion that gradually became authoritarian. [1] Today`s legal provision is: „Response” For these and other legal terms, you can If a plaintiff decides to take legal action by filing a claim against another party in court, the response to a defendants` claim must be in writing and submitted to the courts in a very specific way. At the time the complaint is filed with the court, a subpoena is issued, which is served on the defendant personally with the complaint. The subpoena formally informs the defendant of the lawsuit against him and tells him how long he must file a response with the court. In the event that a hearing has already been scheduled, the date and time will be indicated either on the summons or on the complaint. In the event that the defendant does not submit a response within the time limit and a default judgment is rendered, the court may award the damages claimed by the plaintiff. In civil law, a „response” is the first formal response of the defense to a complaint filed by the plaintiff with the court. This opening written statement will admit or reject the allegations or request additional information about the allegations of misconduct. The response begins with a legend indicating the location of the claim, the court, the file or file number (assigned by the court) and the title of the case (consisting of the names of the parties, e.g. Smith v.

Jones). After the caption, the body of the response contains confessions or refusals that respond to any allegations made in the complaint.