answer


answer
As a verb, the word denotes an assumption of liability, as to "answer" for the debt or default of another.
Discovery. A person who fails to answer, or answers evasively or incompletely, deposition or interrogatory questions, may be compelled to do so under Fed.R. Civil P. 37.
Pleading.
The response of a defendant to the plaintiffs complaint, denying in part or in whole the allegations made by the plaintiff. A pleading by which defendant endeavors to resist the plaintiffs demand by an allegation of facts, either denying allegations of plaintiffs complaint or confessing them and alleging new matter in avoidance, which defendant alleges should prevent recovery on facts alleged by plaintiff.
In pleading, under the Codes and Rules of Civil Procedure, the answer is the formal written statement made by a defendant setting forth the grounds of his defense; corresponding to what in actions under the common-law practice is called the "plea."
See Fed.R. Civil P. 8 and 12.
Under Fed.R.Civil P. 12, a person may use an answer to set up all defenses, but he also has the option to use a motion to assert certain defenses.
- supplemental answer
- frivolous answer
- irrelevant answer
- sham answer
In chancery pleading, the term denotes a defense in writing, made by a defendant to the allegations contained in a bill or information filed by the plaintiff against him.
@ frivolous answer
See sham answer.
@ irrelevant answer
One that has no substantial relation to the controversy; distinguishable from a sham answer. Such may be ordered stricken under Fed.R. Civil P. 12(f).
@ sham answer
One sufficient on its face but so clearly false that it presents no real issue to be tried. One good in form, but false in fact and not pleaded in good faith. A frivolous answer, on the other hand, is one which on its face sets up no defense, although it may be true in fact. On motion of a party, the court may order stricken from the pleading any insufficient defense. Fed.R. Civil P. 12(f)
@

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • answer — an·swer 1 n 1: the defendant s written response to the plaintiff s complaint in a civil suit in which he or she may deny any of plaintiff s allegations, offer any defenses, and make any counterclaims against the plaintiff, cross claims against… …   Law dictionary

  • answer — n reply, response, rejoinder, retort (see under ANSWER vb 1) Analogous words: defense, vindication, justification (see corresponding verbs at MAINTAIN): refutation, rebuttal (see corresponding verbs at DISPROVE) Contrasted words: question, query …   New Dictionary of Synonyms

  • answer to — 1. To give an indication of accepting as one s name 2. To have as one s name (informal) 3. To be accountable to • • • Main Entry: ↑answer * * * answer to (the name of) often humorous be called …   Useful english dictionary

  • Answer — An swer ([a^]n s[ e]r), v. t. [imp. & p. p. {Answered} ([a^]n s[ e]rd); p. pr. & vb. n. {Answering}.] [OE. andswerien, AS. andswerian, andswarian, to answer, fr. andswaru, n., answer. See {Answer}, n.] 1. To speak in defense against; to reply to… …   The Collaborative International Dictionary of English

  • answer — [an′sər, än′sər] n. [ME andsware < OE andswaru < and , against + swerian, SWEAR] 1. something said or written in return to a question, argument, letter, etc. 2. any act in response or retaliation [his answer was a well aimed blow] 3. one… …   English World dictionary

  • Answer — An swer, v. i. 1. To speak or write by way of return (originally, to a charge), or in reply; to make response. [1913 Webster] There was no voice, nor any that answered. 1 Kings xviii. 26. [1913 Webster] 2. To make a satisfactory response or… …   The Collaborative International Dictionary of English

  • Answer — An swer, n. [OE. andsware, AS. andswaru; and against + swerian to swear. [root]177, 196. See {Anti }, and {Swear}, and cf. 1st {un }.] 1. A reply to a charge; a defense. [1913 Webster] At my first answer no man stood with me. 2 Tim. iv. 16. [1913 …   The Collaborative International Dictionary of English

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  • Answer —  Pour l’article homonyme, voir The Answer.  Answer est un film américain indépendant réalisé par Spike Lee en 1980. Fiche technique Réalisation : Spike Lee Pays  …   Wikipédia en Français

  • answer to — a person or thing regarded as the equivalent to a better known one from another place: → answer answer to be responsible or report to. → answer …   English new terms dictionary

  • answer — [n] reply; reaction acknowledgment, antiphon, backcap*, back talk, band aid*, close, comeback, comment, cooler*, counterclaim, crack, defense, disclosure, echo, elucidation, explanation, feedback, guff*, interpretation, justification, key, lip*,… …   New thesaurus


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