Cody files a suit against Delta Corporation.Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts.Delta supports this response with witnesses' sworn statements.This is
A)a counterclaim.
B)a motion for judgment on the pleadings.
C)a motion for summary judgment.
D)a motion to dismiss.

Question

Quizplus · Accepted Answer

Delta's response sounds like a motion for summary judgment, which asks the court to rule based on the facts as presented in the pleadings and any additional evidence. The witnesses' sworn statements are likely meant to support Delta's argument that there are no genuine issues of material fact in dispute. A motion for judgment on the pleadings (B) is similar, but only considers the pleadings, not additional evidence. A counterclaim (A) is a separate claim made by the defendant against the plaintiff. A motion to dismiss (D) is used when the plaintiff's complaint fails to state a legally valid claim.

Cody Files a Suit Against Delta Corporation