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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 claimcounterclaim vb
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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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. William C. Burton. 2006
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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. Amy Hackney Blackwell. 2008.
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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. W. J. Stewart. 2001.
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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 LawCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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See Part 20 claim.Related links
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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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 counterclaimA 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 counterclaimA 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. Susan Ellis Wild. 2000.
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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.
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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.
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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.
Law dictionary. EdwART. 2013.
