Once a complaint and summons have been served on the defendant, settlement negotiations must stop.
In a federal court action, a general denial challenges the subject matter jurisdiction of the court.
If the defendant has an affirmative defense to a claim, it must be alleged in the answer or it may be waived.
A copy of the answer must be personally served on the plaintiff.
A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.
A third-party complaint, unlike the cross-claim and counterclaim, is a separate pleading.
All allegations in a counterclaim, cross-claim or third-party complaint are deemed denied and need not be responded to.
If a defendant in a lawsuit fails to object to the subject matter of the court prior to filing an answer, the defendant loses the right to object thereafter.
Courts generally permit parties against whom a default judgment was entered to petition the court to set it aside.
Sakata purchased a new car from Dan's Dealership. While she was driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. In answering the complaint, Dan's Dealership and the car manufacturer must be represented by the same attorney. True or False?
Sakata purchased a new car from Dan's Dealership. While she was driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. Assume that Sakata now refuses to pay for the car. Dan's Dealership could assert failure of consideration on the part of Sakata as an affirmative defense in their answer to the complaint. True or False?
Sakata purchased a new car from Dan's Dealership. While she was driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. The caption in an answer filed by dealership should read: Dan's Dealership, defendant, vs. Sakata, plaintiff. True or False?
Sakata purchased a new car from Dan's Dealership. While she was driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. If this action is filed in federal court and Dan's Dealership wishes to pursue a claim against the manufacturer for indemnity, it could be done in a cross-claim. True or False?
Sakata purchased a new car from Dan's Dealership. While she was driving the car home, the brakes failed and Sakata was injured. Sakata sued both Dan's Dealership and the car manufacturer in the same lawsuit. Sakata was not wearing a seat belt at the time of the accident. This fact should be alleged as an affirmative defense in an answer filed by the defendants. True or False?
