Counterclaims And Cross Claims Explained

Plaintiff Kermit sued Defendants Ms. Piggy and Fozzie Bear for sexual harassment. Each defendant served and filed his or her answer upon Kermit. As part of the same action, Fozzie Bear sued Ms. Piggy for sexual harassment. This action between Fozzie Bear and Ms. Piggy is often referred to as a “counterclaim.” True False

Huey Lewis sued Ray Parker Jr. for copyright infringement. In the discovery stage of litigation, Lewis sent Parker a notice of deposition. Parker did not want to attend the deposition for fear that certain questions, unrelated to the case, might be asked. Parker’s best course of action would be to file a protective order limiting the questions to be asked at the deposition. This order must: A. articulate specific facts showing clearly defined and serious injury resulting from the discovery sought (not just conclusory statements). B. be filed with the court within a reasonable time after the discovery request at issue has been made. C. only be filed by the plaintiff. D. Both A & B are correct

The courts are very liberal in Washington State with regard to allowing a plaintiff to amend his or her complaint to add a new party, or to change the name of an existing party, after the statute of limitations has expired. True False

So what is it t or f

Attorneys must sign all pleadings and motions, and this signature certifies that, to the best of his knowledge, information, and belief, formed after reasonable inquiry, the pleading or motion is: A. well-grounded in fact. B. warranted by existing law. C. not presented for an improper purpose. D. All of the above are correct

Archie, the plaintiff, sued Jughead, the defendant, for breach of contract, claiming that Jughead failed to finish painting Archie's house, as required in their written contract. Jughead defended that he only stopped painting Archie's house because Archie’s check for $*,*, which was required under the contact, was rejected by the bank for insufficient funds. Jughead also asserted that he spent $* in paint costs, not to mention the labor to paint half of Archie’s house. As a rule of rule of civil procedure, if Jughead hopes to recover damages against Archie for the paint and labor, he will have to raise this cause of action in his answer as a counterclaim; otherwise, Jughead's cause of action against Archie will be forever waived. True False

Peter Perfect, the plaintiff, filed a lawsuit against Debbie Downer, the defendant, in King County Superior Court. Halfway through the trial, Debbie filed a motion raising *(b)(*), *(b)(*), *(b)(*), and *(b)(*) defenses. Which one of the following statements is correct? A. The court should immediately dismiss the *(b)(*), *(b)(*), *(b)(*) motions, but should consider the *(b)(*) motion. B. The court should immediately dismiss the *(b)(*) and *(b)(*) motions, but should consider the *(b)(*) and *(b)(*) motions. C. The court should immediately dismiss the *(b)(*) and *(b)(*) motions, but should consider the *(b)(*) and *(b)(*) motions. D. The court should immediately dismiss the entire motion because the defenses were not raised at the proper time.

A crossclaim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint. True False

Petunia Plaintiff intends to call Edna Expert to the stand in her legal malpractice lawsuit against Arrogant Attorney. What information regarding Edna will Arrogant Attorney be able to gather during the formal discovery process? A. Only Edna’s name is discoverable, absent a showing of undue hardship. B. Edna’s reports are discoverable, but her identity must be redacted (hidden). C. Edna’s name and her reports, including her drafts, are discoverable. D. Discovery of Edna’s reports is absolutely precluded, including her identity.

P laintiff Patrick would like to sue Defendant Dakota in Washington State Superior Court for breach of employment contract. Patrick would like to include a second cause of action against Dakota in his complaint for slander. The alleged slander occurred a year ago and has nothing to do with the alleged breach of employment contract. The court may allow Patrick to bring both claims against Dakota in one complaint even though the incidents are unrelated. True False

In *, Paul sold Ringo his Bellevue estate for $* Million. In early *, Paul sold the same estate to John for a whopping $* Million. In *, Paul sold the same estate again, this time to George, for a cool $* Million. When Ringo learned of these two other real estate transactions he objected by filing a lawsuit against Paul and George to quiet title. Of course, John also believed the property to be his, but was unaware of Ringo’s lawsuit. Assuming that the court has personal jurisdiction over all four men, the fact that John was omitted from Ringo's lawsuit will: A. not be a problem, since he can file is own quiet title action against the winner of Ringo’s lawsuit at a later date. B. be a big problem, because John is a necessary party. C. be a big problem, because John is a proper party. D. be a big problem, because this should be a class action lawsuit.