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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Before receiving the plaintiff’s dismissal motion, the defendant has pleaded a counterclaim. The plaintiff asks that dismissal eliminate it merely because the counterclaim is related to the complaint. Which is best?

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A counterclaim can never be heard after any withdrawal The plaintiff controls every opposing claim Relationship alone requires automatic extinction Section2’s protection must be applied to the pleaded counterclaim; dismissal is not an automatic merits rejection merely because it is related

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