Answer (from Latin contestatĭo) is the action and effect of answering. This verb refers to answering, replying, or contesting. For example: “I am upset with the answer that the telephone company gave me for my claim”, “I sent you an email three days ago, but I still have not received the answer”, “Thank you, your answer was very useful”.
The term can be used as a synonym for an answer, since it can be about the satisfaction of a doubt or a question: “I keep waiting for the answer of the company before my concerns”, “Until they give me an answer, I will not leave this place “, ” An accurate answer will increase consumer confidence. “
The notion is also used to name the alteration, dispute or opposition against what has been established : “I will not tolerate another answer from you”, “You have to understand that Mrs. Pereyra is the highest authority of this school: with her, there is no place for answers ”.
Within the colloquial sphere, it is common to make use of the aforementioned term with that meaning. It is especially used within the family, in regard to possible disputes between parents and children. An example of this can be the following sentence: “Manuel punished his son Miguel without pay and without leaving after the rude reply he gave him.”
In the field of law, the answer to the claim is a procedural act through which the defendant opposes his defenses and exceptions regarding a claim. This answer can be written or oral, depending on the type of judicial procedure.
Among the various characteristics of the answer to the claim, in addition to those already stated, we would have to highlight these others of equal value:
• It is directed against the plaintiff.
• It is very common for you to appear verbally before the judge in charge of the case.
• The justification of that, will be based on pillars such as the following: the factual allegation and the legal allegation.
In labor matters, modification of definitive measures, maintenance or executive judgment, the aforementioned answer to the claim may take place.
It is also important to know the structure of the answer to the claim. Specifically, it is established that it must be made up of the following parts: data of the person who carries it out or the attorney in charge of the matter, the facts that it alleges and exposes, the grounds of the right on which it is based and the corresponding request . Of course, without forgetting the signature of the aforementioned legal professional and the relevant lawyer.
In addition to the above, it must be made clear that in each country there is specific legislation on the bases and requirements for answering the claim.
The claim and the answer make up the controversial question that must be resolved by the court or judge. It is important to note that the judge should only refer to the actions included in the lawsuit and the exceptions, without extending to other aspects. The caveat is that the law grants the judge the power to act ex officio.