Answer (law)
 | This article needs additional citations for verification. (August 2013) |
| Civil procedure in the United States |
|---|
| Jurisdiction |
|
|
| Venue |
| Pleadings |
|
|
| Pretrial procedure |
| Resolution without trial |
| Trial |
|
|
| Appeal |
Generally, an answer is a reply to a question. It can be solution, a retaliation or a response to it.
In law, an answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a problem.[1]
In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment.
In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty. Generally speaking in private, civil cases there is no plea entered of guilt or innocence. There is only a judgment that grants money damages or some other kind of equitable remedy such as restitution or a permanent injunction. Criminal cases may lead to fines or other punishment, such as imprisonment.[citation needed]
The famous Latin Responsa Prudentium ("answers of the learned ones") were the accumulated views of many successive generations of Roman lawyers, a body of legal opinion which gradually became authoritative.[1]
In music an "answer" (also known as countersubject) is the technical name in counterpoint for the repetition or modification by one part or instrument of a theme proposed by another.[1] During debates of a contentious nature, deflection, colloquially known as 'changing the topic', has been widely observed, and is often seen as a failure to answer a question.[2]
Notes
- ^ a b c Chisholm 1911
- ^ Baaske, Kevin (2015). Arguments and Arguing: The Products and Process of Human Decision Making. p. 246.
References
- This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Answer". Encyclopædia Britannica (11th ed.). Cambridge University Press.
