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LSDefine
Simple English definitions for legal terms
counterclaim
Read a random definition: nova causa obligationis
A quick definition of counterclaim:
A counterclaim is when the person being sued makes their own claim against the person who sued them. This happens after the original claim is made. The person who made the first claim now has to defend themselves against the counterclaim. There are two types of counterclaims: compulsory and permissive. Compulsory counterclaims are ones that must be made during the trial, or the person making the claim can't sue later. Permissive counterclaims are ones that are not related to the original claim. The court will decide if the counterclaim is related to the original claim or not.
A more thorough explanation:
A counterclaim is a legal claim made by the defendant against the plaintiff in response to the original claim filed by the plaintiff. It is usually an offensive move by the defendant against the plaintiff.
For example, if a person sues their neighbor for property damage, the neighbor may file a counterclaim against the person for harassment or noise pollution.
There are two types of counterclaims: compulsory and permissive. Compulsory counterclaims are claims that must be made by the defendant, or they cannot be made in a separate lawsuit later. Permissive counterclaims are unrelated to the original claim and can be made at the defendant's discretion.
When a counterclaim is made, the plaintiff becomes defensive and the defendant becomes offensive. The burden of proof is on the defendant to prove their counterclaim.
Overall, a counterclaim is a legal tool used by the defendant to assert their own claims against the plaintiff in response to the original claim.