In law, an answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or
defense
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense industr ...
, a reply to a
question
A question is an utterance which serves as a request for information. Questions are sometimes distinguished from interrogatives, which are the grammar, grammatical forms, typically used to express them. Rhetorical questions, for instance, are i ...
or response, or
objection, or a correct solution of a problem.
In the
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, an answer is the first
pleading by a
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one juris ...
, usually filed and served upon the
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
within a certain strict time limit after a civil
complaint or criminal
information
Information is an Abstraction, abstract concept that refers to something which has the power Communication, to inform. At the most fundamental level, it pertains to the Interpretation (philosophy), interpretation (perhaps Interpretation (log ...
or
indictment
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an ind ...
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
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or beh ...
, such as
imprisonment
Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Impri ...
.
The famous Latin ''Responsa Prudentium'' ("answers of the learned ones") were the accumulated views of many successive generations of Roman
lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
s, a body of legal opinion which gradually became authoritative.
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.
Notes
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Common law
Legal documents