View source for Answer (law)

{{Short description|Legal document, filed in response to a complaint}}
{{Use mdy dates|date=June 2013}}
{{Civil procedure (United States)}}
In law, an '''answer''' was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or [[defense (legal)|defense]], a reply to a [[question]] or response, or [[Objection (United States law)|objection]], or a correct solution of a problem.<ref name="Chisholm1911">{{EB1911|inline=1|wstitle=Answer|volume=2|page=85}}</ref>
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 (formal criminal charge)|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 [[guilt (law)|guilt]]y 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 [[Fine (penalty)|fine]]s or other [[punishment]], such as [[imprisonment]].<ref>{{cite web|url=https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pretrial_appearances/|title=How Courts Work|author=<!--Not Stated-->|date=2019-09-09|website=americanbar.org|publisher=American Bar Association|access-date=2020-11-23|quote=The first step is an initial appearance (often referred to as an arraignment), before a judge of a lower court or magistrate, at which the charge is read to the defendant, and penalties explained.}}</ref>
The famous Latin ''Responsa Prudentium'' ("answers of the learned ones") were the accumulated views of many successive generations of Roman [[lawyer]]s, a body of legal opinion which gradually became authoritative.<ref name="Chisholm1911"/>
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.<ref>{{cite book|last1=Baaske|first1=Kevin|title=Arguments and Arguing: The Products and Process of Human Decision Making|date=2015|page=246}}</ref>
==Notes==
{{Reflist}}
[[Category:Common law]]
[[Category:Legal documents]]