A defendant’s response to a plaintiff’s complaint. An answer generally contains the defendant’s response to the specific allegations of the complaint (admissions or denials). Some states like California permit the defendants to generally deny all allegations of a complaint, unless the complaint is verified which requires the defendant to respond to each specific allegation raised […]
Articles Tagged: pleadings
Anomalous Plea
A plea that is partly affirmative and partly negative.
Affirmative Plea
One which sets up a single fact, not appearing in the complaint, or sets up a number of circumstances all tending to establish a single fact, which fact, if existing, destroys the plaintiff’s case.
Affirmative Defense
“An affirmative defense is a defense that does not negate the elements of the plaintiff’s claim, but instead precludes liability even if all of the elements of the plaintiff’s claim are proven.” Hernandez v. County of Monterey, 306 F.R.D. 279, 283 (N.D. Cal. 2015). In asserting an affirmative defense, a defendant does not necessarily deny […]