BUS 340 Lecture Notes - Lecture 3: Affirmative Defense, Interrogatories, Counterclaim
22 May 2020
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Must ask for remedy usually damages 10398 Motion to dismiss - filed by defendant every time. Says plaintiff doesn"t have a claim, usually not granted. Always says "i didn"t do any of those things" If the defendant is silent on any claim or doesn"t file an answer, assumed to be guilty. Affirmative defense - coming up with legal defense/excuse that negates plaintiff"s claim. Suing the person who just sued you, usually along with the answer. Must arise from same set of facts, same situation. Then another motion to dismiss is filed. Same thing as the answer except now filed by original plaintiff who is now defendant. Testimony outside of courtroom to look for evidence. Official court reporter has to be there. Looking for them to change their stories. Questions are typed up and sent to opposing parties. Motion for summary judgement - filed by both. Asking judge to review evidence and make a decision.
