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Simple English definitions for legal terms

compulsory counterclaim

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A quick definition of compulsory counterclaim:

A compulsory counterclaim is when someone who is being sued makes a claim against the person who is suing them. This claim has to be about the same thing that the person who is suing them is talking about. If the person being sued doesn't make this claim, they can't make it later. There are some exceptions, like if they can't add another person to the lawsuit or if they forgot to make the claim. This is different from a permissive counterclaim, which is a claim that someone can make even if they don't make it right away.

A more thorough explanation:

A compulsory counterclaim is a type of legal claim that a defendant can make against a plaintiff in a lawsuit. This claim must arise from the same transaction or occurrence as the plaintiff's claim. If the defendant fails to raise this claim in the same lawsuit, they forfeit their right to bring it up in the future.

For example, if a plaintiff sues a defendant for breach of contract, the defendant may have a compulsory counterclaim for breach of the same contract. If the defendant fails to raise this counterclaim in their answer, they cannot bring it up in a future lawsuit.

Compulsory counterclaims are governed by Federal Rule of Civil Procedure 13(a). However, there are some exceptions to this rule. If the counterclaim requires adding a party over whom the court cannot obtain jurisdiction, it does not need to be raised. Additionally, if the defendant fails to raise the counterclaim due to oversight, inadvertence, or excusable neglect, they may be able to set up the counterclaim by amendment.

Compulsory counterclaims are different from permissive counterclaims, which are claims that a defendant can make against a plaintiff but are not forfeited if they fail to raise them in their answer.

Comptroller of the Currency | compulsory joinder

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Dkk
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SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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