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Action To File Law Suit

A judicial proceeding brought by one party against another who is seeking redress of a wrong, protection of a right or for prevention of a wrong.

If an individual has been involved in an automobile accident or other type of personal injury case, their representing attorney will often file suit against the negligent party by bringing the matter before a court of law. By doing this, the injured person can argue in front of a judge for a full and final settlement amount.

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Affidavit

A written, ex parte statement made by or taken under oath before an officer of the court, a notary public or other person who has been duly authorized so to act.

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Affirmative Defense

A plea of defense which serves as a basis for proving some new fact; in such a defense, a defendant does not simply deny a charge, but offers new evidence to avoid judgment against him. If the defendant raises an affirmative defense, he must raise it in his answer and bears the burden of proof on it.

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Answer

The principle pleading on the part of the defendant in response to a plaintiff’s complaint. It may contain:

  • A denial of all of the allegations of the plaintiff’s complaint which the defendant wishes to controvert
  • Any affirmative defenses which the defendant may have, which should be stated separately
  • A statement of any permissive counterclaim which the defendant has against the plaintiff and which is legally available to him in the action

If the defendant wishes to make any compulsory counterclaims arising out of the same transaction, they must generally be pleaded in the answer as well, or they will be barred in any subsequent separate suit.

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Appeal

A motion that is made to challenge a ruling or decision by requesting a formal change. In a personal injury case, the individual who is injured in an automobile accident or other type of claim may choose to appeal a judge’s initial ruling. In doing so, the case will be brought in front of a higher court where another verdict will be rendered.

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