CIP 1 Quiz 3

Who initiates a civil action by filing a complaint?

• Judge

• Defendant

• Plaintiff

• Witness

Who defends against the claims made by the plaintiff?

• Prosecutor

• Defendant

• Jury

• Investigator

Can a defendant bring a claim against someone not originally involved in the case?

• Never

• Only with the judge's permission

• Yes, through a counterclaim

• No, but they can file a separate lawsuit

How are the parties identified in a pleading?

• In the body of the text

• In the footnotes

• In the caption

• In the closing arguments

May a plaintiff respond to a defendant's counterclaim with another counterclaim?

• No, only one counterclaim is allowed

• Yes, this is called a reply

• The plaintiff can only file a new lawsuit

• The judge decides

Who is the real party in interest, according to the case NM Rothschild & Sons (Australia) Limited vs Lepanto Consolidated Mining Company?

• The lawyer who filed the case

• The one who pays the filing fee

• The one who has the legal right or interest in the case

• The judge overseeing the case

Can a representative act on behalf of the real party in interest? (Refer to NM Rothschild case).

• No, only the real party in interest can act

• Yes, if they have legal authority to do so

• Only with the court's permission

• This depends on the type of case

What happens if a necessary party (someone crucial to the case) is not included? (Refer to Living @ Sense, Inc vs. Malayan Insurance case).

• The case is automatically dismissed

• The judge may dismiss the case

• The case proceeds, but the judgment may be incomplete

• The missing party is added later

If you are unsure who the proper defendant is, what can you do?

• File a lawsuit against everyone you suspect

• File a complaint naming 'John Doe' as a placeholder

• The judge will decide who the defendant is

• You cannot file a lawsuit until you know for sure

How can spouses act as parties in a lawsuit?

• Only one spouse can be a party

• They must always be co-parties

• It depends on the nature of the case

• They can be plaintiffs, defendants, or both