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Simple English definitions for legal terms

transaction-or-occurrence test

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A quick definition of transaction-or-occurrence test:

The transaction-or-occurrence test is a way to determine if a claim is a compulsory counterclaim under the Federal Rules of Civil Procedure. There are four different tests that can be used to determine this:

  1. Are the legal and factual issues raised by the claim and counterclaim largely the same?
  2. Would res judicata (a legal principle that prevents a party from re-litigating a claim) bar a later suit on the counterclaim if the compulsory-counterclaim rule did not exist?
  3. Will substantially the same evidence support or refute both the plaintiff's claim and the counterclaim?
  4. Are the claim and counterclaim logically related?

If the answer to any of these questions is yes, then the claim is likely a compulsory counterclaim. This means that it must be brought in the same lawsuit as the original claim, or it may be barred from being brought in a later lawsuit.

A more thorough explanation:

The transaction-or-occurrence test is a method used to determine if a claim is a compulsory counterclaim under Fed. R. Civ. P. 13(a). There are four different tests that can be used:

  1. Are the legal and factual issues raised by the claim and counterclaim largely the same?
  2. Would res judicata prevent a later suit on the counterclaim if the compulsory-counterclaim rule did not exist?
  3. Will substantially the same evidence support or refute both the plaintiff's claim and the counterclaim?
  4. Are the claim and counterclaim logically related?

For example, if a person sues their landlord for breach of contract, and the landlord files a counterclaim for unpaid rent, the transaction-or-occurrence test would be used to determine if the counterclaim is compulsory. If the legal and factual issues raised by the breach of contract claim and the unpaid rent counterclaim are largely the same, then the counterclaim would likely be compulsory.

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JumpySubsequentDolphin
19:41
she’s Catholic and married tho so she likely does not use birth control
babycat
19:42
I wish I was catholic and married and not using birth control
babycat
19:42
I'm 0 for 3
JumpySubsequentDolphin
19:43
idk 21 and pregnant in law school does not sound idwal
babycat
19:44
pretending I'm Juno from the movie Juno except it's law school and not high school
JumpySubsequentDolphin
19:45
omg I love jason Bateman
babycat
19:45
lowkey that movie happened to me once but without the pregnancy part
JumpySubsequentDolphin
19:46
I’m not sure what part of the plot is left if you take out the pregnancy
Dkk
19:46
I am never gunna watch that movie.
JumpySubsequentDolphin
19:47
why not
babycat
19:47
too quirked up for a guy like him
Dkk
19:47
Yeah somethin like that.
Dkk
19:48
Did it win any awards?
Dkk
19:48
Hmm it won some.
babycat
19:48
yeah it got the Oscar for best writing lol
19:49
@Dkk: I just made a great personal pizza. Wish I could trade for a bowl of lob risotto
Dkk
19:51
Ahh you know I read the plot to that movie. Very sweet but I aint got time for that.
Dkk
19:51
@llama: lmfao, what did you put on the pizza?
JumpySubsequentDolphin
19:51
jason bateman is <3
19:53
7cheese, pepperoni, parm
JumpySubsequentDolphin
19:53
wouldn’t it be 8 cheese
JumpySubsequentDolphin
19:53
parm is a cheese
19:54
Unassuming, but homemade crust. It’s poppin
19:55
Dolph u rite- parm is a hard cheese so it needs to be noted as a standalone
Dkk
19:57
@llama: sounds good! I would make the trade if I could. But I do like strawberries on my pizza.
JumpySubsequentDolphin
19:57
you know I used to be obsessed w llamas
shaquilleoatmeal
19:57
i love that pizza toppings pops on this chat every other week lmao
JumpySubsequentDolphin
19:57
I have a selfie w one
JumpySubsequentDolphin
19:57
and I was so haopy
JumpySubsequentDolphin
19:57
I was also like 8
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