counterclaim, permissive

counterclaim, permissive
n.
A claim not arising out of the occurrence that brought about the original complaint, and that can be brought at the defendant’s choice.

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

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  • 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

  • permissive counterclaim — A counterclaim constituting an essentially independent action, having no relation to the subject matter of the plaintiff s cause of action. Big Cola Corp. v World Bottling Co. (CA6 Tenn) 134 F2d 718. Any claim against an opposing party not… …   Ballentine's law dictionary

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  • Declaratory ruling — A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute. It is commonly called a declaratory ruling, a term which also includes decisions of regulatory agencies …   Wikipedia

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