Civil Litigation – Defense Pleading Answer | Homework Helper

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Drafting the Answer

For this Assignment, you will draft an Answer in the Justin King case. You are now working as a paralegal for the law firm that represents the defendant, Anheuser-Busch. You should provide an Answer to the Complaint that you drafted for the Unit 3 Assignment.

A sample Answer can be found here under “Resources”. The Resources provides a checklist and sample Complaints. Note that it is not acceptable to copy and paste the language from the sample forms. Remember, your work must be your own. Click on “Resources” to access files to assist you in your Assignment.

Use the following document to complete your Assignment:

Answer Form

How to Draft an Answer

You are to draft an Answer on behalf of the defendant who was sued by plaintiff, Justin King, in your Unit 3 complaint. Similar to the complaint, certain parts of the Answer typically contain standard or boilerplate language. Here are the standard sections of an Answer:

Case caption: Also called the style of the case, the caption identifies the court, the parties, and the case number. In some jurisdictions, the judge’s name may also be included.

Title of the Pleading: For example, the answer might be titled Defendant’s Answer to Plaintiff’s Complaint.

Short Introduction: Usually reads, “Comes now, the Defendant, by and through his attorney, and alleges:”

Answer to Plaintiff’s Allegations: Since you are learning the Federal Rules of Civil Procedure, it is important to understand that under FRCP 8, the defendant must admit or deny each separately numbered paragraph in the plaintiff’s complaint. Alternatively, in some instances, the defendant may state he is unable to admit or deny plaintiff’s allegations due to insufficient information. Some states may permit a general denial of the answer. If the defendant is defending against a lawsuit filed in state court, you must research that state’s rules of civil procedure in order to determine whether or not the defendant must admit or deny each separately numbered paragraph or may file a general denial to the plaintiff’s complaint.

You should have specific admissions and denials which correspond to the Complaint you drafted for the Unit 3 Assignment.

Example:

Defendant admits the allegations of Paragraphs [ ] of the complaint.

Defendant denies each and every allegation of Paragraphs [ ] of the complaint because [state reasons].

With respect to paragraphs [ ], the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations.

Affirmative Defenses: An affirmative defense is a defense that defeats or diminishes the plaintiff’s claim or cause of action, even if plaintiff’s proves all elements of the claim. Examples include accord and satisfaction, statute of limitations, failure of consideration, consent, failure to mitigate damages, lack of personal or subject matter jurisdiction. In the answer, you will include affirmative defenses that may defeat or diminish the plaintiff’s claims.

Counter-Claim: A claim for relief asserted against an opposing party after an original claim has been made. A counter-claim is a counter-demand or a cause of action that exists in favor of the defendant against the plaintiff that the defendant might have brought a separate action. In the answer, you should assert a counter-claim for negligence against Justin King. You should include facts for all of the elements for negligence just like would with a cause of action in the complaint. Anheuser-Busch incurred total damages of $55,000 based on the accident involving Justin King. This includes $50,000 in damage to the beer truck and $5,000 in lost cargo. The vehicle was worth $120,000 before the accident and the vehicle was worth $70,000 immediately after the accident. You can allege that King was negligent and that this caused the damage to the truck and cargo.

Prayer for Relief: The general prayer asks for the relief requested in the answer, along with any and other such relief to which the defendant may be entitled, or similar language.

Date and Attorney Information and Signature

Your Assignment should be a 2–3 pages in length and include all of the sections listed above. In addition, ensure that your writing should be well ordered, logical, and unified, as well as original and insightful. Your work should display superior content, organization, style, and mechanics and follow the conventions of Standard American English (correct grammar, punctuation, etc.). Use the appropriate citation style for all citations.