http://www.flashcardexchange.com/tag/plaintiff www.flashcardexchange.com: plaintiff Flashcards en-us Mon, 28 May 2012 09:10:19 PDT Mon, 28 May 2012 09:10:19 PDT support@flashcardexchange.com 720 http://www.flashcardexchange.com/flashcards/view/1689474 A complaint is the first pleading filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes an ad quod damnum clause. In some situations, a complaint is called a petition, in which case the party filing it is called the petitioner and the other party is the respondent. In equity, sometimes called chancery, the initial pleading may be called either a petition or a bill of complaint in chancery. A demurrer is a pleading filed by a defendant which objects to the legal sufficiency of a complaint. At common law, the demurrer was the only pleading which in itself required an immediate ruling on its content from the court, and which was capable of immediately disposing of a case, with the inevitable result that demurrer practice came to resemble motion practice. Many common law jurisdictions therefore went to a narrower understanding of pleadings as framing the issues in a case but not being motions in and of themselves, and replaced the demurrer with the motion to dismiss for failure to state a cause of action or the application to strike out particulars of claim. An answer is a pleading filed by a defendant which admits or denies the specific allegations set forth in a complaint and constitutes a general appearance by a defendant. A defendant may also file a cross-complaint or third-party complaint as well to bring other parties into a case by the process of impleader. A defendant may file a counter-claim to raise a cause of action to defend, reduce or set off the claim of the plaintiff. 2011-03-06 http://www.flashcardexchange.com/flashcards/view/1689474 http://www.flashcardexchange.com/flashcards/view/1382728 TX Civil Procedure: Subject Matter Jurisdiction, Plaintiff Pleading 2010-07-04 http://www.flashcardexchange.com/flashcards/view/1382728 http://www.flashcardexchange.com/flashcards/view/413825 WHODUNIT? THE DETECTIVE STORY 2006-12-06 http://www.flashcardexchange.com/flashcards/view/413825