Answer - Law Dictionary Search Results
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answer 1 : the defendant's written response to the plaintiff's complaint in a civil suit in which he or she may deny any of plaintiff's allegations, offer any defenses, and make any counterclaims against the plaintiff, cross-claims against other defendants, or third-party claims against third parties otherwise not involved in the lawsuit 2 : a written response to a counterclaim, cross-claim, or third-party claim : reply see also responsive pleading at pleading NOTE: In federal cases, answers are governed by Rule 12 of the Federal Rules of Civil Procedure. Under Rule 12, certain defenses (as lack of jurisdiction) may be made by motion rather than included in the answer. vi 1 : to serve or file an answer 2 : to make oneself responsible or accountable (as for the debt of another) vt 1 : to reply to in an answer [ the complaint] 2 : to make a defense against (as a charge or accusation) an·swer·able adj ...
Voluntary answer
Voluntary answer, one filed by a defendant in-equity, without being called upon to answer by the plaintiff....
Supplemental answer
Supplemental answer, one which was filed in Chancery for the purpose of correcting, adding to, and explaining an answer already filed, Sm. Ch. Pr. 334...
Answer
Answer [fr. andswarian, A.-S.; andswer, Goth.; antwoord, Belg.], reply, counter-speech....
Question-and-answer
Question-and-answer, means the portion of a deposition or trial transcript in which evidence is developed through a series of questions asked by the lawyer and answered by the witness, Black's Law Dictionary, 7th Edn., p. 1260....
Insufficiency
Insufficiency, an answer in Chancery was said to be insufficient when it did not specially reply to the specific charges in the bill.If a plaintiff conceived an answer to be insufficient, he might take exception to it in writing, stating the parts of the bill which he alleged were not answered, and praying that the defendant mightin such respect file a further and full answer tothe bill. Scandal and impertinence in an answer must have been disposed of before its sufficiency could be considered. See INTERROGATORIES; and Dan.Ch. Pr....
Leading question
Leading question, a question which suggests to a witness the answer which the party examining desires. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question (Indian Evidence Act, 1872, s. 141). See Best on Evidence; Powell on Evidence. Such questions are not allowed to be put except in cross-examination, except as to matter not in dispute, and preliminary inquires, name and address, etc., of witnesses.It is not easy to lay down any precise general rule as to what are leading questions; on the one hand, it is clear that the mind of the witness must be brought into contact with the subject of inquiry; on the other, that he ought not to be prompted to give a particular answer, or to be asked any question to which yes or no would be conclusive. But how far it may be necessary to particularise, in framing the question, must depend upon the circumstances of each particular case.If a witness by his conduct show himself decided...
Petition of Right
Petition of Right, 3 Car. 1, c. 1, a parliamentary declaration of the liberties of the people, assented to by Charles I. in the beginning of his reign.In the first Parliament of Charles I., which met in 1626, the Commons refused to grant supplies until certain rights and privileges of the subject, which they alleged had been violated, should have been solemnly recognised by a legislative enactment. With this view they framed a petition to the king, in which, after reciting various statutes by which their rights and privileges were recognized, they prayed the king 'that no man be compelled to make or yield any gift, loan, benevolence, tax, or suchlike charge, without common consent by Act of Parliament; that none be called upon to make answer so to do; that freemen be imprisoned or detained only by the law of the land, or by due process of law, and not by the king's special command, without any charge; that persons be not compelled to receive soldiers and mariners into their houses agai...
Respondeat ouster
Respondeat ouster (let him answer over). If a demurrer is joined in a plea to the jurisdiction, person, or writ, etc., and it be judged that the defendant put in a more substantial plea, interlocutory judgment is given that he shall answer. Also, if a prisoner fail upon a plea in bar, he has judgment of respondent ouster, and may plead over to the offence the general issue, not guilty, Steph. Com., 7th ed., iii. 569; iv. 405.(let him make further answer) -- A judgment or order that a party who made a dilatory plea that has been denied must now plead on merits, Black's Law Dictionary, 7th Edn., p. 1313.Means 'let him make further answer'. A judgment or order that a party who made a dilatory plea that has been denied must now plead on the merits, Black's Law Dictionary, 7th Edn., p. 1313....
Question of fact
Question of fact, is one capable of being answered by way of demonstration, a question of opinion is one that cannot be so answered. The answer to it is a matter of speculation which cannot be proved by any available evidence to be right or wrong. The past history of a company's business is a matter of fact, but its prospects of successful business in the future is a matter of opinion, Salmond on Jurisprudence, 12th Edn., p. 69: AIR 1994 SC 678.Means an issue that has not been predetermined and authoritatively answered by the law. An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delayed unreasonably in constructing a building, Black's Law Dictionary, 7th Edn., p. 1260.Question of fact might be stated in an issue without pleadings by consent (C.L.P. Act, 1852, s. 42), and may now be so stated under (English) R.S.C. Ord. XXXIV, r. 9.In general when a jury is sworn it decides all the issues of fact; but if there arise in the course ...
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