©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
ENR 4400 Exam Questions With Correct
Answers
What is cause of action? - answer✔The fact or combination of facts that gives a person the right
to seek judicial relief against another
What is the cornerstone of a complaint? - answer✔Cause of action
What is the pleading that initiates a lawsuit? - answer✔Cause of action
What is the plaintiff? - answer✔a person who brings a case against another in a court of law
(files the claim)
Also called the claimant
In a higher court, was is the plaintiff called? - answer✔The appellant
Who is the defendant? - answer✔person being sued, also called respondent
In an appellate court, called the appellee
What information is in the complaint? - answer✔Nature of plaintiff's injury/claim
Damages amount
Remedy
What is the complaint and all subsequent filings called? - answer✔Pleadings
What're the summons? - answer✔The time stamped documents the court sends to the
defendant. Informs they are being sued and commands them to be in court on a specific date
and respond to the complaint of the plaintiff
What is notice pleading? - answer✔A system of pleading requirements that only emphasizes
pleadings as way to notify parties of general issues in a case. Basically, you only need enough
detail to put the defendant on notice.
1|Page
, ©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
Goal is to relax strict/technical rules and favor pro se appellants. The complaint only needs to
be a short and plain statement of complaint of action
Focus should not be on the complaint but on discovery
What is the goal of notice pleading? - answer✔Goal is to relax strict/technical rules and favor
pro se appellants. The complaint only needs to be a short and plain statement of complaint of
action
Focus should not be on the complaint but on discovery
What do the summons advise the defendant? - answer✔(S)he must answer with the court
within a set period of days (30) and that absent of answer, default judgement granted to
plaintiff
What is judgement by default? - answer✔Under rules of civil procedure, when a party against
whom a judgement or relief is sought has failed to plead an answer.
Plaintiff wins without going any further
What might a defendant respond with to a complaint - answer✔Admit, deny, plead ignorance,
add a party (wasn't me) or file a counterclaim
If neither, assumed to have admitted
What is a counterclaim? - answer✔A claim filed by the original defendant against a third party
defendant that the original defendant believes is wholly or partially responsible for the
plaintiff's alleged injuries
What is the discovery period? - answer✔Time between commencement of action and trial
date.
Focus on gathering all the facts, collecting evidence and "fleshing out" complaint
Helps to identify prospective witnesses and other parties
2|Page
11/16/2024 10:16 AM
ENR 4400 Exam Questions With Correct
Answers
What is cause of action? - answer✔The fact or combination of facts that gives a person the right
to seek judicial relief against another
What is the cornerstone of a complaint? - answer✔Cause of action
What is the pleading that initiates a lawsuit? - answer✔Cause of action
What is the plaintiff? - answer✔a person who brings a case against another in a court of law
(files the claim)
Also called the claimant
In a higher court, was is the plaintiff called? - answer✔The appellant
Who is the defendant? - answer✔person being sued, also called respondent
In an appellate court, called the appellee
What information is in the complaint? - answer✔Nature of plaintiff's injury/claim
Damages amount
Remedy
What is the complaint and all subsequent filings called? - answer✔Pleadings
What're the summons? - answer✔The time stamped documents the court sends to the
defendant. Informs they are being sued and commands them to be in court on a specific date
and respond to the complaint of the plaintiff
What is notice pleading? - answer✔A system of pleading requirements that only emphasizes
pleadings as way to notify parties of general issues in a case. Basically, you only need enough
detail to put the defendant on notice.
1|Page
, ©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
Goal is to relax strict/technical rules and favor pro se appellants. The complaint only needs to
be a short and plain statement of complaint of action
Focus should not be on the complaint but on discovery
What is the goal of notice pleading? - answer✔Goal is to relax strict/technical rules and favor
pro se appellants. The complaint only needs to be a short and plain statement of complaint of
action
Focus should not be on the complaint but on discovery
What do the summons advise the defendant? - answer✔(S)he must answer with the court
within a set period of days (30) and that absent of answer, default judgement granted to
plaintiff
What is judgement by default? - answer✔Under rules of civil procedure, when a party against
whom a judgement or relief is sought has failed to plead an answer.
Plaintiff wins without going any further
What might a defendant respond with to a complaint - answer✔Admit, deny, plead ignorance,
add a party (wasn't me) or file a counterclaim
If neither, assumed to have admitted
What is a counterclaim? - answer✔A claim filed by the original defendant against a third party
defendant that the original defendant believes is wholly or partially responsible for the
plaintiff's alleged injuries
What is the discovery period? - answer✔Time between commencement of action and trial
date.
Focus on gathering all the facts, collecting evidence and "fleshing out" complaint
Helps to identify prospective witnesses and other parties
2|Page
