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.
Amy Hackney Blackwell.
2008.
- transaction or occurrence test
-
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.
Susan Ellis Wild.
2000.
Look at other dictionaries:
transaction or occurrence test — Fed.R.Civil P. 13(a) provides that a claim qualifies as a compulsory counterclaim if it arises out of the transaction or occurrence that is the subject matter of the opposing party s claim. Courts generally have agreed that these words should be… … Black's law dictionary
occurrence test — transaction or occurrence test Fed.R.Civil P. 13(a) provides that a claim qualifies as a compulsory counterclaim if it arises out of the transaction or occurrence that is the subject matter of the opposing party s claim. Courts generally have… … Black's law dictionary
transaction test — transaction or occurrence test Fed.R.Civil P. 13(a) provides that a claim qualifies as a compulsory counterclaim if it arises out of the transaction or occurrence that is the subject matter of the opposing party s claim. Courts generally have… … 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
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