BA

ng all facts and circumstances that may serve as the basis for a legal action. The attorney may then take statements of witnesses, secure pertinent documents (e.g., medical reports) and research the applicable law to determine if the client has a valid case.
             Pleadings are written documents that enable the parties to present the significant facts concerning each side of the case to the court. The complaint, for example, indicates the nature of the plaintiff's case by setting forth the allegations concerning the claim against the defendant and the relief demanded.
             After receiving the complaint, the defendant is required to submit a responsive pleading called an answer. In the answer, the defendant may admit or deny the various allegations made by the plaintiff and raise any defenses that might be appropriate. Any claim the defendant wishes to make against the plaintiff may be included with the answer and is known as a counterclaim. For example, if two individuals were involved in an automobile accident, the plaintiff might bring an action against the defendant for personal injuries and damage to the vehicle. It might be the defendant's position, however, that the plaintiff was responsible for the accident. In such a case, the defendant might wish to file an action for injuries against the plaintiff, which could be included with the answer as a counterclaim. This process enables related claims to be heard together, rather than requiring the parties to litigate the same incident twice in separate cases.
             If several defendants are involved in an action, one defendant may claim against another defendant by what is known as a cross-claim. A defendant who desires to claim against a person not already a party to the action, who may be liable to the defendant for all or part of the plaintiff's claim, may file a third-party complaint, where, for example, the plaintiff purchases an item of equipment that proves to be defective and institute...

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