Answer

Definition of Answer

Note: See a more comprehensive approach to the Answer legal concept in the American Law Encyclopedia

A pleading submitted by a civil defendant as a formal written response to a plaintiffs complaint. The answer may simply admit or deny the assertions of the plaintiff. An admission eliminates the need to engage in fact-finding. A denial, on the other hand, focuses the fact issue(s) that must be resolved at trial. Among the things an answer may claim is a defense that asserts certain facts that prevent the plaintiff from winning a judgment as a matter of law.

See Also

Counter Claim (Law of the United States);pleading, 239.

Resources

Answer Related Resources

• Answer in the United States Legal Encyclopedia
• Civil Judicial Process Keywords in the United States Legal Encyclopedia
• Civil Process Keywords in the International Legal Dictionary

Notes

• “Answer”, The American Law Dictionary, 1991, California

Answer

In the Past

A defense in writing made by a defendant, to the charges contained in a bill or information, filed by the plaintiff against him in a court of equity. There is further information on this topic in this legal reference. The word answer involves a double sense; it is one thing when it simply replies to a question, another when it meets a charge; the answer in equity (see more about this popular legal topic in the U.S. encyclopedia) includes both senses and may be divided into an examination and a defence. In that part which consists of an examination, a direct and full answer or reply, must in general be given to every question asked. In that part which consists of a defence, the defendant must state his, case distinctly; but is not needd to give information respecting the proofs that are to maintain it. Gresl. Eq. Ev. 19.

Developments

As a defendant is called by a bill or information to make a discovery of the several cbarges it contains, he must do so, unless he is protected either by a demurrer a plea or disclaimer. It may be laid down as an invariable rule, that whatever part of a bill or information is not covered by one of these, must be defended by answer. Redesd. Tr. Ch. PI. 244.

Details

In form, it usually begins, 1st, with its title, specifying which of the defendants it is the answer of and the names of the plaintiffs in the cause in which it is filed as answer; 2d, it reserves to the defendant all the advantages which might be taken by exception to the bill; 3d, the substance of the answer, according to the defendant's knowledge, remembrance, information and belief, then follows, in which the matter of the bill, with the interrogatories founded thereon, are answered, one after the other, together with such additional matter as the defendant thinks necessary to bring forward in his, defence, either for the purpose of qualifying or ad-ding to, the case made by the bill or to state a new case on his own behalf; 4th, this is followed by a general traverse or denial of all unlawful combinations charged in the bill and of all other matters there contained 5th, the answer is always upon oath or affirmation, except in the case of a corporation, in which case it is under the corporate seal.

Other Aspects

In substance, the answer ought to contain, 1st, a statement of facts and not arguments 2d, a confession and avoidance or traverse and denial of the material parts of the bill 3d, its language ought to be direct and without evasion. Vide generally as to answers, Redes. Tr. Ch. PI. 244 to 254; Coop. Pl. Eq. 312 to 327; Beames PI. Eq. 34 et seq.; Bouv. Inst. Index, h. t. For an historical account of this instrument, see 2 Bro. Civ. Law, 371, n. and Barton's Hist. Treatise of a Suit in Equity. [1]

Resources

Notes and References

1. Partialy, this information about answer is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including answer.

See Also

Answer

In the Past

The declaration of a fact by a witness after a question has been put asking for it.

Developments

If a witness unexpectedly state facts against the interest of the party calling him, other witnesses may be called by the same party, to disprove those facts. But the party calling a witness cannot discredit him, by calling witnesses to prove his bad character for truth and veracity or by proving that he has made statements out of court contrary to what he has sworn on the trial; B. N. P.; for the production of the witness is virtually an assertion by the party producing him, that he is credible. [1]

Resources

Notes and References

1. Partialy, this information about answer is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including answer.

See Also

Answer (Civil Judicial Process)

Answer

There is an additional definition in the world law dictionary.

Resources

See Also

• Fed.R. Civil P. 8 and 12
• Affirmative defense
• Defense
• Denial
• Supplemental answer

Answer

There is an additional definition in the world law dictionary.

Resources

See Also

• Sham answer