legal definition of claim
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Claim English Legal System: Claim. In the context of the English law, A Dictionary of Law provides the following legal concept of Claim : A demand for a remedy or assertion of a right, especially the right to take a particular case to court (right of action). The term is used in civil litigation.
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lawsuit n. a common term for a legal action by one person or entity against another person or entity, to be decided in a court of law, sometimes just called a suit.. The legal claims within a lawsuit are called causes of action. (See: cause of action, case, suit)
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What is a Proof of Claim in Bankruptcy? In bankruptcy, a proof of claim is a form creditors file to prove that they have a valid claim against the bankruptcy estate. Before a creditor can get paid through your bankruptcy, it must file a proof of claim with the court. Read on to learn more about the bankruptcy proof of claim.
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Background The Bankruptcy Code defines a claim as: (1) a right to payment; (2) or a right to an equitable remedy for a failure of performance if the breach gives rise to a right to payment. 11 U.S.C. § 101(5).
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claim 1. a statement (that something is a fact). Her claim that she was the millionaire's daughter was disproved. 2. (a demand for) a payment of compensation etc. a claim for damages against her employer. 3. a demand for something which (one says) one owns or has a right to. a rightful claim to the money.
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Lawsuit A lawsuit is a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law. A lawsuit is any proceeding by a party or parties against another in a court of law. Sometimes, the term lawsuit is in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plainti
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product Legal Definition of product. 1  1 : the result of work or thought. 2  2a : the output of an industry or firm b : a thing created by manufacturing. 3  3 in the civil law of Louisiana : something (as timber or a mineral) that is derived from something else and that diminishes the substance of the thing from which it is derived — compare fruit 2a.
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claim verb (used with object) 1. to demand by or as by virtue of a right; demand as a right or as due: to claim an estate by inheritance. 2. to assert and demand the recognition of (a right, title, possession, etc.); assert one's right to: to claim payment for services.
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claimant Associated concepts: lien claimant, subsequent claimant, suit by claimant. Foreign phrases: Semper necessitas probandi incumbit ei qui agit.The burden of proof always lies upon the claimant. See also: applicant, complainant, contender, contestant, litigant, party, petitioner, plaintiff, suitor. CLAIMANT.
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Tort The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit, commonly referred to as the injured party, must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict. Legal injuries are not limited to physical injuries and may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights.
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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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- 3 a court case for enforcing a right or claim filed an action in county court to recover his lawn mower from his neighbor, who claims he “gave” it to her Synonyms lawsuit, proceeding, suitRelated Words litigation; case, cause, complaint; counterclaim, countersuit, cross action, cross-claim.
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complaint In general-jurisdiction courts, such as most state courts, a jurisdictional allegation is unnecessary. The most critical part of the complaint is the claim, or cause of action. The claim is a concise and direct statement of the basis upon which the plaintiff seeks relief. It sets forth the Rule of Law that forms the basis of the lawsuit and recounts the facts that support the rule of law.
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- You are entitled to make a claim if you sustain an injury in the course of your employment and are defined by law as a worker. The legal definition of a worker includes full-time, part-time, casual, seasonal, piece and commission workers.ou are entitled to make a claim if you sustain an injury in the course of your employment and are defined by law as a worker. The legal definition of a worker includes full-time, part-time, casual, seasonal, piece and commission workers.
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Statement of Claim Definition: It must say: 'I, Plaintiff, have a claim against you, Defendant.'. As the Alberta Rules of Court stipulate at ¶5(1)(r), a statement of claim is the document by which a plaintiff commences his action (and the statement of defence, the document by which a defendant answers the plaintiff’s statement of claim).
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Dictionary Definition Damages - legal term referring to the financial compensation recoverable by reason of another's breach of duty; the money paid or awarded to a plaintiff Workers' compensation, to protect employees who have incurred work-related injuries. Example is the Radiation Exposure Compensation Act. Remuneration, such as a wage or salary to pay people for their work
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lien Definition. A legal claim against an asset which is used to secure a loan and which must be paid when the property is sold. Liens can be structured in many different ways. In some cases, the creditor will have legal claim against an asset, but not actually hold it in possession, while in other cases the creditor will actually hold on to the asset until the debt is paid off.
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- A person could have legal claims against a third party. However, the person looses his remedy to enforce such claims either due to statute of limitation, case-law or otherwise. When the remedy is lost, the claim is barred.
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BitLocker Drive Encryption in Windows 7: Frequently Asked Questions To set up a dual boot computer with BitLocker protection. 1  Install Windows Vista with the desired partition layout (such as a partition for Windows Vista, a partition for Windows 7, and a data partition). 2  Click Start, click Control Panel, click Security, and then click BitLocker Drive Encryption.
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Definitions &Translations Definition of Claim. 1  an assertion of a right (as to money or property); his claim asked for damages. 2  an assertion that something is true or factual; his claim that he was innocent; evidence contradicted the governments claims. 3  demand for something as rightful or due; they struck in support of their claim for a shorter work day.
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Litigation and Business Dispute Questions Answered Litigation (n.) is  the process of taking a case through court. The litigation process is usually connected to civil lawsuits, in which one party sues another. But in the general sense, the same litigation process works in criminal cases, in which laws are broken.
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- 1 The claimant is the person who makes a claim in small claims court. 2  The notice of claim is the form the claimant uses to make the claim. 3  The defendant is the person who is being sued-the one the claim is made against. The claimant is the person who makes a claim in small claims court. 2  The notice of claim is the form the claimant uses to make the claim. 3  The defendant is the person who is being sued-the one the claim is made against.
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Search Legal Terms and Definitions Search the Definitions. n. a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence contributed to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident.
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claimant Learner's definition of CLAIMANT. [count] formal. : a person who believes that he or she has a right to something (such as an amount of money) : a person who claims something. They are claimants to the dead man's estate. Claimants will need to fill out the appropriate paperwork.
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- Related Legal Terms & Definitions. 1  CLAIM A claim is a challenge of the ownership of a thing which a man has…. 2  ORIGINAL WRIT practice, English law. 3  STATEMENT pleading and in practice. 4  PLENARY Full, complete. 5  DECREE practice. 6  INTERPLEADER When two or more persons claim the same thing (or fund) of a third, and….