Defendants answer lawsuits by denying claims, raising affirmative defenses, or filing counterclaims.
Evidence
Usually, however, defendants file an answer to the plaintiff’s complaint, in which they may deny some or all of the allegations. In the Agent Orange case, for example, the chemical companies denied that their product had caused the health problems suffered by the veterans and their children. Those matters on which the plaintiff and defendant differ then become the basis for the dispute. Alternatively, defendants may admit the truth of the plaintiff’s allegation but offer an affirmative defense; that is, they may introduce new facts designed to produce a decision in their favor. A skydiving instructor, for instance, may admit that a student died during a jump but may also reveal that the student signed a form acknowledging the dangers of skydiving and pledging not to hold the school or instructors responsible for any mishaps. Finally, defendants may respond with a counterclaim, the equivalent of a complaint against the plaintiff. Thus, a driver sued for damages arising out of a traffic accident might file a counterclaim for the damages to her car. — G. Alan Tarr, Judicial Process and Judicial…, 1076
Categorization
- DEFINE: Defines the three defendant response types: answer with denials, affirmative defense, and counterclaim.
- XREF: connects to: Defamation claims require affirmative proof that recipients understood reports as defamatory — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 238
Broader Connections
- Defamation claims require affirmative proof that recipients understood reports as defamatory
#exemplifies(0.78) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 238