MANAGMNT 260 Lecture Notes - Lecture 8: Jury Instructions, Interrogatories, Demand Letter
14 Oct 2016
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Answer also raises affirmative defenses (defense of necessity and self-defense would be raised in the answer) Answer also introduces counterclaims: plaintiff"s (cid:396)eply. Motions to dismiss and motions for summary judgment: motion to dismiss. Failure to state a claim upon which relief can be granted. That is, even if everything the p has alleged in the complain is true, the law does not support recovery based on those allegations. The focus is on the pleadings: motion for summary judgment. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defendant. Can be filed by plaintiffs against the defendants, although this is less common. The focus is on the pleadings as well as the evidence revealed in discovery: social host liability example. If furnishment is a required element of social host liability, but is not included in the pleadings, then a motion to dismiss would be appropriately granted.
