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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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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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