Legal Definitions - count

In legal terms, a count refers to a distinct, separate claim or charge presented within a single lawsuit or criminal prosecution. Each count represents a specific legal basis upon which a party can be found liable (in civil cases) or guilty (in criminal cases). A single legal action can often involve multiple counts, each requiring its own set of facts to be proven and potentially leading to a separate determination by the court or jury.

• Example 1 (Civil Case):

  Imagine a situation where a homeowner hires a landscaping company to redesign their backyard. The project goes awry, and the homeowner decides to sue the company.

  • Count 1:Breach of Contract, alleging the company failed to complete the work by the agreed-upon deadline and did not follow the design specifications.
  • Count 2:Negligence, claiming the company's workers damaged the homeowner's sprinkler system and a valuable garden sculpture due to carelessness.

  In this scenario, the homeowner is bringing two distinct legal claims. Even if the court finds the landscaping company did not breach the contract, it could still find them liable for negligence if the damage to the sprinkler system and sculpture is proven, as these are separate legal wrongs with different elements to prove.

• Example 2 (Criminal Case):

  Consider an individual arrested after an incident involving a stolen vehicle and a subsequent police chase.

  • Count 1:Grand Theft Auto, for unlawfully taking the vehicle.
  • Count 2:Reckless Endangerment, for driving dangerously during the police pursuit, putting others at risk.
  • Count 3:Resisting Arrest, for actively attempting to evade law enforcement officers when they tried to apprehend them.

  Each of these is a separate criminal offense. The prosecutor must present evidence for each count, and a jury could find the defendant guilty of one, all, or none of them, as they are distinct charges requiring separate proof of elements.