Legal Definitions - answer

In the legal system, an "answer" refers to the first formal written document filed by a defendant in response to a plaintiff's initial lawsuit, often called a "complaint" or "petition." This document is the defendant's opportunity to formally address the allegations made against them by the plaintiff.

Within their answer, the defendant will typically:

• Admit or deny each specific allegation made by the plaintiff.
• State that they lack sufficient information to admit or deny certain claims.
• Present their own legal defenses, known as affirmative defenses, which are reasons why the plaintiff's claims should fail, even if the plaintiff's allegations are true.
• Make their own claims against the plaintiff, known as counterclaims, which essentially turn the defendant into a plaintiff for those specific issues.

The answer is a crucial pleading that helps define the legal issues and arguments that will be litigated in the case.

Here are some examples to illustrate the concept of an "answer":

• Example 1: Breach of Contract Lawsuit

  Imagine a small business (the plaintiff) sues a supplier (the defendant) for failing to deliver goods on time, alleging a breach of contract. The supplier's attorney would file an answer with the court. In this document, the supplier might admit that the goods were delivered late but deny that the delay constituted a breach, perhaps citing unforeseen shipping disruptions as an affirmative defense. The answer would formally respond to each point in the business's complaint.

  This illustrates how the defendant uses the answer to formally respond to each allegation in the lawsuit, admitting some facts while denying others, and introducing legal reasons why they believe they are not liable.

• Example 2: Personal Injury Claim

  Consider a situation where a pedestrian (the plaintiff) sues a driver (the defendant) for injuries sustained in a car accident, claiming the driver was negligent. The driver's insurance company, on behalf of the driver, would file an answer. The answer might admit that an accident occurred but deny that the driver was negligent, perhaps asserting an affirmative defense that the pedestrian was distracted and walked into traffic, thus contributing to their own injuries.

  This demonstrates the answer as the defendant's formal written rebuttal to the plaintiff's claims of wrongdoing, outlining their version of events and presenting legal arguments to avoid liability.

• Example 3: Property Dispute with Counterclaim

  Suppose a homeowner (the plaintiff) sues their neighbor (the defendant), alleging that the neighbor's newly planted trees are encroaching on their property line. The neighbor files an answer denying that the trees are on the homeowner's property. Furthermore, the neighbor's answer might include a counterclaim, asserting that the homeowner's own fence is actually encroaching on the neighbor's land, and asking the court to order its removal.

  This example highlights how an answer not only responds to the initial complaint but can also be used by the defendant to introduce their own legal claims against the plaintiff, expanding the scope of the dispute within the same lawsuit.