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Defendant's Response & Motions in Civil Litigation

Instructions:

Choose an answer and hit 'next'. You will receive your score and answers at the end.

question 1 of 3

When a defendant pleads to a judge that the plaintiff should not be permitted to sue, he is using:

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1. A motion to throw away a case is called:

2. When there is no real legal base for a lawsuit, the defendant may file a:

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About This Quiz & Worksheet

You've been served with a summons and complaint - what do you do next? As a defendant in a civil lawsuit, you will want to file certain documents in response. Your knowledge of what documents may be properly filed by defendants can be determined using this assessment, which covers pre-trial motions, responses and defenses.

Quiz & Worksheet Goals

In these assessments, you'll be tested on responses and motions filed by defendants in civil litigation, including:

  • The term that describes when the defendant responds to the claims against him in the complaint
  • The term that describes when the defendant pleads to a judge that the plaintiff should not be permitted to sue
  • The term that describes the motion to throw the case out
  • The term that means there is no legitimate legal basis for a lawsuit
  • The document that is filed when the information contained in a complaint or counterclaim is vague and not easy to understand

Skills Practiced

  • Information recall - access the knowledge you've gained regarding pre-trial motions and what kind of motions are pre-trial motions
  • Distinguishing differences - compare and contrast topics from the lesson, such as motion to dismiss and demurrer
  • Making connections - use understanding of the concept of the answer and how affirmative defenses apply to the answer
  • Interpreting information - verify that you can read information regarding a counterclaim and interpret it correctly

Additional Learning

To learn more, review the accompanying lesson about defendant's response and answer in civil litigation. This lesson covers the following objectives:

  • Know who the plaintiff and the defendant in a civil lawsuit are
  • Identify what the answer is and explain what is included in the answer
  • Define affirmative defense
  • Explain what a counterclaim is used for
  • Identify 5 pretrial motions and explain what each motion is seeking
  • Know what a motion to dismiss is and identify the reasons upon which this motion can be based
  • Understand what a motion for pretrial conference is seeking
  • Explain what a motion to strike is requesting the court to do
  • Know what a motion for more definitive statement is requesting
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