Legal Definitions - claim

In legal terms, a "claim" refers to a formal assertion of a right or entitlement that one party believes they possess against another, and which they seek to enforce through legal action, typically in court. It represents the specific set of facts and legal arguments that, if proven true, would entitle the party making the claim to a remedy or relief from the other party.

For a lawsuit to proceed, the party bringing the case must present a valid claim. If the asserted facts, even if true, do not legally entitle the party to a remedy, the court may dismiss the case for "failure to state a claim." This means the legal argument is not strong enough or complete enough to warrant a trial.

Once a claim has been fully and finally decided by a court, it generally cannot be brought again in a new lawsuit. This principle, known as "claim preclusion," prevents parties from repeatedly litigating the same issues.

• Example 1: Breach of Contract

  Imagine a small business owner hires a web developer to create a new e-commerce website, agreeing on a specific design, features, and completion date. The business owner pays an upfront deposit, but the developer delivers a website that is incomplete, buggy, and lacks several promised features. The business owner has a claim against the web developer for breach of contract, asserting their right to either have the website completed as agreed, receive a refund, or be compensated for damages.

  How it illustrates the term: The business owner is asserting a legal right (to receive the agreed-upon service or compensation) based on a set of facts (the contract, the payment, and the developer's failure to deliver as promised) that they believe are enforceable in court.

• Example 2: Personal Injury Due to Negligence

  Consider a pedestrian who is walking on a public sidewalk and trips over a large, unmarked pothole that the city maintenance department was aware of but failed to repair. The pedestrian falls and breaks their arm. They would have a claim against the city for negligence, arguing that the city had a duty to maintain safe sidewalks, failed in that duty by not repairing or marking the pothole, and that this failure directly caused their injury.

  How it illustrates the term: The pedestrian is asserting a right to compensation for their injury based on the city's alleged failure to uphold its legal duty of care. The facts (unmarked pothole, city's knowledge, injury) form the basis of their enforceable right.

In a specialized context, particularly within patent law, the term "claim" has a distinct meaning. Here, a patent claim is a precise, technical statement found within a patent document that defines the specific features, elements, or steps of an invention for which legal protection is sought. These claims delineate the exact boundaries of the invention, specifying what the patent owner has the exclusive right to prevent others from making, using, or selling.

• Example 3: Patent Claim for an Invention

  Suppose an inventor develops a new type of ergonomic office chair with a unique, adjustable lumbar support system. When applying for a patent, the inventor would include several claims. One claim might broadly describe the entire chair, while another more specific claim would detail the exact mechanism and components of the innovative lumbar support system. These claims legally define what aspects of the chair are protected by the patent, meaning no one else can manufacture, sell, or use a chair with that specific, patented lumbar support system without permission.

  How it illustrates the term: In this context, the claims are not an assertion of a right to sue, but rather the precise legal language that *defines* the scope of the exclusive rights granted by the patent. They specify the unique features of the invention that are legally protected.