Which filing admits or denies the allegations and can include defenses?

Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

Which filing admits or denies the allegations and can include defenses?

Explanation:
The document that states how the defendant responds to the plaintiff’s allegations—admitting or denying each one and raising defenses—is the Answer. After the complaint is served, the defendant files an Answer that precisely addresses each factual assertion by either admitting or denying it, and it can also include defenses (including affirmative defenses) and sometimes counterclaims. This filing sets up the issues for trial and outlines the defendant’s position on the plaintiff’s claims. A docket is simply the court’s official record of filings and events; a caption is just the case header identifying the parties and court; a Motion to Dismiss is a separate filing challenging the legal sufficiency or jurisdiction of the case and does not provide admissions or denials to the plaintiff’s allegations.

The document that states how the defendant responds to the plaintiff’s allegations—admitting or denying each one and raising defenses—is the Answer. After the complaint is served, the defendant files an Answer that precisely addresses each factual assertion by either admitting or denying it, and it can also include defenses (including affirmative defenses) and sometimes counterclaims. This filing sets up the issues for trial and outlines the defendant’s position on the plaintiff’s claims.

A docket is simply the court’s official record of filings and events; a caption is just the case header identifying the parties and court; a Motion to Dismiss is a separate filing challenging the legal sufficiency or jurisdiction of the case and does not provide admissions or denials to the plaintiff’s allegations.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy