What is an affirmative defense and how does it differ

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Reference no: EM1380831

1.Referring back to the case of Delta v. Eagle mentioned above, assume that the Motion to Dismiss was denied and that Delta files a motion for judgment on pleadings and both parties file cross-motions for summary judgment. When and for what purpose are each of these motions made? What are the similarities between them and what are the differences?

2. Delta Stores, Inc. files suit in a state court against Eagle Computer Corporation alleging that Eagle breached a contract with Delta. During the course of the suit, Eagle Computer Corporation files a Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted. At what point during the litigation would this motion be made and what is its purpose? If the judge hearing the case grants the motion, what does that mean for the outcome of Delta's lawsuit?

3.What is an affirmative defense and how does it differ from a negative defense? Why are they so important when drafting the Answer to a Complaint?

4. How does a joinder differ from a class action?

5.Between
the two personal jurisdiction cases we discussed (Southern Prestige Industries v. Independence Plating Corp. and World-Wide Volkswagen Corporation v. Woodson District Judge of Cook County), determine which case would be the most helpful in determining whether to grant or deny Juicer's Secret's Motion to Dismiss for Lack of Personal Jurisdiction, state the rule, and explain why that case more applicable to Juicer's motion.

Reference no: EM1380831

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