transaction or occurrence test

transaction or occurrence test
n.
A test used to determine whether a cause of action arises out of the same transaction or event that is the subject matter of an existing claim brought by the opposing party, in which case it must be brought as a counterclaim or forever be barred from litigation.

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


transaction or occurrence test
n. test used under federal law to determine whether a particular claim should have been filed as a counterclaim and will be barred from future filing as a separate claim. The four separate suggested tests are:
1) Are factual and legal claims raised by claim and counterclaim really the same? 2) Would a later suit be barred by res judicata if it weren't for the compulsory counterclaim rule? 3) Will essentially the same evidence support or refute both the plaintiff's claim and the counterclaim? 4) Are claim and counterclaim largely related?

Webster's New World Law Dictionary. . 2000.

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