Dictionary of Law
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counterclaim :: legal definition


Counterclaim - n. a retaliatory claim by a defendant against a plaintiff in a lawsuit included in the defendant's answer and intending to off-set and/or reduce the amount of the plaintiff's original claim against the defendant. For example, Hotdog Products sues Barbecue Bill's Eatery for $40,000 for meat delivered to Bill's but not paid for, and Bill counterclaims that Hotdog owes him $20,000 for a load of bad chicken livers, so Hotdog is only entitled to $20,000. In many states the counterclaim is no longer allowed, in which case a cross-complaint, which is a separate complaint, must be filed by the defendant, but as part of the same lawsuit. On the other hand, in federal cases, if the defendant believes he/she/it has a legitimate counterclaim to reduce damages it must be alleged (stated) in the answer or it is barred from being considered.

See also: answer cross-complaint and Related Law Terms ↓


Related Law Terms

administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.