what is a counter-claim
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Compulsory Counterclaim Compulsory Counterclaim. A compulsory counterclaim is a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff's claim.The claim is compulsory in this situation in that it must be raised in the defendant's answer, or it is waived. compulsory counterclaim is a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff's claim.
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Civil Procedure Rule 13: Counterclaim and cross-claim (a) The court lacks power to confer the relief sought. (b) The defendant does not have the claim at the time he serves his answer. Any later-blooming claims may be asserted by way of appropriate amendment, either under Rule 13(e) or Rule 15(a) .
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- Equity claim. Also called a residual claim; a claim to a share of earnings after debt obligations have been satisfied. Equity Claim. The right of a shareholder or some other party to the profit of a company after all prior obligations have been paid. Equity claims are perhaps most important in the event of the company's liquidation.
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- DEFENCE NOTES. Columnist Syed Imran Shah gives an analysis of future air operations in light of past experience and modernisation of equipment. Counter-air is an air operation of a tactical air command conducted to attain and maintain a desired degree of air superiority by the destruction and neutralization of enemy forces. Both air-offensive and air-defensive actions are involved. But we shall focus on air-offensive actions and counter-air interdictions.
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- What is a counterclaim? It is a counterlawsuit - defendant* suing plaintiff* – filed in response to the plantiff’s lawsuit against the defendant. *Please ask me about any word that is *d or CAPITALIZED. Each patent is a separate cause of action, but all the claims of one patent are included in a single cause of action. SUMMONS and COMPLAINT.
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counterclaim Law. noun. A claim pled against a plaintiff by a defendant, either in opposition to the relief sought or as an independent cause of action against the plaintiff. intransitive verb. To plead a counterclaim against a plaintiff.
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Optical disc drive In computing, an optical disc drive (ODD) is a disk drive that uses laser light or electromagnetic waves within or near the visible light spectrum as part of the process of reading or writing data to or from optical discs.
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Justice News Most false claims actions are filed under the Act’s whistleblower, or qui tam, provisions, which allow private citizens to file lawsuits alleging false claims on behalf of the government. If the government prevails in the action, the whistleblower, known as a relator, receives up to 30 perc ent of the recovery. The number of qui tam suits filed in fiscal year 2013 soared to 752 –100 more than the record set the previous fiscal year. Recoveries in qui tam cases during fiscal year 2013 totaled $2.
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Parts of An Argument: Claims, Counterclaims, Reasons, and Evidence But there are two sides to every argument. In your argument for a new cell phone, your mom stands on the other side. She has something to say against your claim that you need a new cell phone, and it goes something like, 'No, you don't.' That's your mom's counterclaim. A counterclaim is just the opposite of a claim.
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CHAPTER 7 - Answers, Affirmative Defenses & Counterclaims Answers, Affirmative Defenses & Counterclaims Answer: In a civil case, an answer is the defendant's written response to the plaintiff's complaint. An answer is generally required to be filed within twenty to thirty days of Service of Process of the complaint upon the defendant.
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List of patent claim types List of patent claim types - Beauregard. 1  In United States patent law, a Beauregard claim is a claim to a computer program written in the form of a claim to an article of manufacture: a computer-readable medium on which are encoded, typically, instructions for carrying out a process.
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- Your Answer responds to those claims. You can also list any legal claim you want to make against the company suing you (“counterclaims”). WHAT IF MORE THAN 20 OR 30 DAYS HAVE PASSED SINCE I GOT THE PAPERS? If more than 20 or 30 days have passed, go to the courthouse anyway and bring the papers you received.
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Competing Claims Challenges And The Right To Recover For First-Party Insurers, an Interpleader Action is an Effective and Fair Means to Sort Out Competing Claims. First-party insurers, such as those that issue property and life policies, may regularly find themselves subject to competing claims for policy proceeds.
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counter coun·ter 1 (koun′tər) adj. Contrary; opposing: moves and counter moves on the checkerboard. n. 1. One that is an opposite. 2. Sports A boxing blow given while receiving or parrying another. 3. Sports A fencing parry in which one foil follows the other in a circular fashion.
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How Many Counter-Offers Should I Make? Once the adjuster has made an offer, you can either accept, reject, or make another counter-offer. In order to make your decision, you must determine if the offer is reasonable. A reasonable, fair offer will cover medical costs, damage to your vehicle, and other losses related to the accident, such as towing.
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offset A contrary claim or demand that may cancel or reduce a given claim; a counterclaim. A kind of bookkeeping entry that counters the effect of a previous entry. offset. 1) n. also called a setoff, the deduction by a debtor from a claim or demand of a debt or obligation. Such an offset is based upon a counterclaim against the party making the original claim.
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counter check Noun. 1. counter check-a blank check provided by a bank for the convenience of customers who are making withdrawals. bank check, check, cheque-a written order directing a bank to pay money; he paid all his bills by check.ounter check-a blank check provided by a bank for the convenience of customers who are making withdrawals.
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counterclaim The definition of a counterclaim is a claim made to rebut accusations against you. If you are sued for breaching a contract and you, in turn, also file suit against the plaintiff and claim thathe was really the one who breached the contract, your claim against the original plaintiff is an example of a counterclaim.
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- Sometimes, the defendant has has a claim against the plaintiff, in which case the defendant would file a counterclaim. For example, say the plaintiff sued the defendant because of a car accident, and the defendant thought that the plaintiff actually caused the accident.n the answer, the defendant sets out any defenses against the plaintiff's claim. For example, a defense might be that: 1  The defendant has already paid back the money owed to the plaintiff. 2  The plaintiff's suit is barred by the statute of limitations, meaning the suit wasn't filed within the time period allowed by law.
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Flashing (weatherproofing) Counter-flashing (or cover flashing, cap flashing) is a term used when there are two parallel pieces of flashing employed together such as on a chimney, where the counter-flashing is built into the chimney and overlaps a replaceable piece of base flashing.
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Protest A protest can itself sometimes be the subject of a counter-protest. In such a case, counter-protesters demonstrate their support for the person, policy, action, etc. that is the subject of the original protest. In some cases, these protesters can violently clash.
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claim To demand or assert as a right. Facts that combine to give rise to a legally enforceable right or judicial action. Demand for relief. A claim is something that one party owes another. Someone may make a legal claim for money, or property, or for Social Security benefits. A claim also means an interest in, as in a possessory claim, or right to possession, or a claim of title to land.
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- In some states, a counterclaim is called a “cross-complaint.” Under the federal rules, you can file a counterclaim against your opponent for any claim that you have against them, whether or not the claim relates to the lawsuit filed against you.
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- coun·ter·plot. Use counterplot in a sentence. a plot to defeat another plot. , -·plot·ted, -·plot·ting. to plot against (a plot); defeat (a plot) with another.
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Counterclaim Definition. A claim for relief filed against an opposing party after the original claim is filed. Most commonly, a claim by the defendant against the plaintiff.verview. When composing an answer, defendants may assert their own claims against the plaintiff. For all purposes within the trial, the plaintiff acts in a defensive posture regarding these counterclaims, and the defendant acts in an offensive posture.
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Can the Opposing Party File for Decree of Divorce? In that case, the opposing party is called the defendant. The respondent, or defendant, can file for his own divorce decree by filing a cross-petition for divorce, also sometimes called a counterclaim. cross-petition, or counterclaim, might require payment of the same filing fee paid by the petitioning spouse, but it allows the opposing spouse to make statements and allegations of his own, and ask the court for what he wants both during the litigation process and in the final decree.