counterclaim
coun·ter·claim /'kau̇n-tər-ˌklām/ n: a claim for relief that is asserted against an opposing party after an original claim has been made compare affirmative defense at defense, cross-action, cross-appeal, cross-claim, interpleader, third-party claim
counterclaim vb

Merriam-Webster’s Dictionary of Law. . 1996.

counterclaim
I noun action to defeat plaintiffs demand, assertion against the plaintiff, cause against an opposing party, cause of action in favor of defendants, claim advanced by defendant, claim for relief by defendant, claim presented by defendant, contraremonstrance, counteraction, counterapplication, countercharge, counterdeclaration, counterdemand, countermotion, counterpetition, counterpostulation, counterproposal, counterreclamation, counterrequest, countersuit, cross-action, cross-bill, opposing suit, rejoinder, set-off associated concepts: compulsory counterclaim, cross-complaint, cross-demand, cross-petition, equitable counterclaim, permissive counterclaim, set-off, sham counterclaim II index answer (judicial response), answer (reply), answer (respond legally), claim (legal demand), counterargument, rebut, respond, retort

Burton's Legal Thesaurus. . 2006


counterclaim
n.
A claim made by a defendant to oppose the claim brought by the plaintiff; a counterdemand.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


counterclaim
a cross-claim brought by a defendant in civil proceedings that is not a defence to the claim made by the plaintiff but that asserts an independent cause of action against him. In Scotland, it is available to a defender. See set-off.

Collins dictionary of law. . 2001.


counterclaim
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that, despite the plaintiff having brought the lawsuit in the first place, the plaintiff is actually wholly or partly at fault concerning the same set of circumstances. The counterclaim goes on to allege that the plaintiff thus owes the defendant money damages or other relief. A counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident — or could claim that, as long as they're in court, the plaintiff should pay for having chopped down the defendant's tree the previous week.
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

counterclaim
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


counterclaim
n. A cause of action or claim for relief asserted in opposition to or as a setoff against the plaintiff's own cause of action or claim for relief and contained in the defendant's answer to the plaintiff's complaint.
See also cross-claim.
@ compulsory counterclaim
A cause of action or claim for relief that arises from the same occurrence, transaction, or subject matter as the plaintiff's cause of action or claim for relief. Generally, the failure to raise such cause of action or claim for relief in the defendant's answer will prevent the defendant from bringing it up in a subsequent action.
@ permissible counterclaim
A cause of action or claim for relief that does not arise from the same occurrence, transaction, or subject matter as the plaintiff's cause or action or claim for relief. The failure to raise such a cause of action or claim for relief in the defendant's answer will not prevent the defendant from bringing them up in a subsequent action.
@

Webster's New World Law Dictionary. . 2000.


counterclaim
A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant.

Dictionary from West's Encyclopedia of American Law. 2005.


counterclaim
I
A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant.
II A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

counterclaim
n.
   a retaliatory claim by a defendant against a plaintiff in a lawsuit included in the defendant's answer and intending to off-set and/or reduce the amount of the plaintiff's original claim against the defendant. For example, Hotdog Products sues Barbecue Bill's Eatery for $40,000 for meat delivered to Bill's but not paid for, and Bill counterclaims that Hotdog owes him $20,000 for a load of bad chicken livers, so Hotdog is only entitled to $20,000. In many states the counterclaim is no longer allowed, in which case a cross-complaint, which is a separate complaint, must be filed by the defendant, but as part of the same lawsuit. On the other hand, in federal cases, if the defendant believes he/she/it has a legitimate counterclaim to reduce damages it must be alleged (stated) in the answer or it is barred from being considered.
   See also: answer, cross-complaint

Law dictionary. . 2013.

Look at other dictionaries:

  • counterclaim — [kount′ər klām΄; ] for v., also [ kount΄ər klām′] n. an opposing claim, esp. one by a defendant against a plaintiff s claim in a lawsuit vt., vi. to present as, or make, a counterclaim counterclaimant n …   English World dictionary

  • Counterclaim — Coun ter*claim ( kl[=a]m ), n. (Law) A claim made by a person as an offset to a claim made on him. [1913 Webster] …   The Collaborative International Dictionary of English

  • Counterclaim — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • counterclaim — UK [ˈkaʊntə(r)ˌkleɪm] / US [ˈkaʊntərˌkleɪm] noun [countable] Word forms counterclaim : singular counterclaim plural counterclaims a statement that you make against someone who has made a statement against you, especially in a legal case Derived… …   English dictionary

  • counterclaim — n. 1) to bring, enter, make a counterclaim 2) a counterclaim against * * * [ˌkaʊntə kleɪm] enter make a counterclaim a counterclaim against to bring …   Combinatory dictionary

  • counterclaim — I. noun Date: 1784 an opposing claim; especially a claim brought by a defendant against a plaintiff in a legal action II. verb Date: 1857 intransitive verb to enter or plead a counterclaim transitive verb to ask in a counterclaim …   New Collegiate Dictionary

  • counterclaim — 1. noun a suit filed by a defendant against a plaintiff secondary to the original complaint. 2. verb To file a counterclaim …   Wiktionary

  • counterclaim — n. claim made in opposition to an earlier claim v. enter an opposing claim, make a counterclaim …   English contemporary dictionary

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