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Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims." Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant again ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crossclaim
A crossclaim is a claim asserted between Defendant, codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim according to ''Black's Law Dictionary''. A crossclaim is filed against someone who is a co-defendant or co-plaintiff to the party who originates the crossclaim. In common law, a crossclaim is a demand made in a pleading that is filed against a party which is on the "same side" of the lawsuit. U.S. federal courts In the Federal Rules of Civil Procedure this is codified iRule 13(g) In the federal rules, a crossclaim is proper if it relates to a matter of the original jurisdiction. Proper jurisdiction is determined by a finding of whether the suit that is being initiated arises from the same transaction or occurrence that is the subject matter of the suit. Crossclaims, like joinder generally, can promote efficient, consistent resolutions of disputes by permitting all claims arising from the same set of facts to be resolve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debt
Debt is an obligation that requires one party, the debtor, to pay money Loan, borrowed or otherwise withheld from another party, the creditor. Debt may be owed by a sovereign state or country, local government, company, or an individual. Commercial debt is generally subject to contractual terms regarding the amount and timing of repayments of #Principal, principal and interest. Loans, bond (finance), bonds, notes, and Mortgage loan, mortgages are all types of debt. In financial accounting, debt is a type of financial transaction, as distinct from equity (finance), equity. The term can also be used metaphorically to cover morality, moral obligations and other interactions not based on a monetary value. For example, in Western cultures, a person who has been helped by a second person is sometimes said to owe a "debt of gratitude" to the second person. Etymology The English term "debt" was first used in the late 13th century and comes by way of Old French from the Latin verb ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impleader
Impleader is a United States civil court procedural device before trial in which a defendant joins a third party into a lawsuit because that third party is liable to an original defendant. Using the vocabulary of the Federal Rules of Civil Procedure, the defendant seeks to become a third-party plaintiff by filing a third party complaint against a third party not presently party to the lawsuit, who thereby becomes a third-party defendant. This complaint alleges that the third party is liable for all or part of the damages that the original plaintiff may win from the original defendant. The theory is that two cases may be decided together and justice may be done more efficiently than by having two suits in a series. Otherwise, more judicial time would be used in hearing the second suit. Common bases of contingent or derivative liability by which third parties may be impleaded include indemnity, subrogation, contribution, and warranty. For example, in a case where a driver rea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. At the time (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 U.S.C. 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege. A waiver is often written, such as a disclaimer that has been accepted, but it may also be spoken between two or more parties. When the right to hold a person liable through a lawsuit is waived, the waiver may be called an exculpatory clause, liability waiver, legal release, or hold harmless clause. In some cases, parties may sign a "non-waiver" contract which specifies that no rights are waived, particularly if a person's actions may suggest that rights are being waived. This is particularly common in insurance. Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, one is presumed to know one's rights and that those rights are voluntarily relinquished if not asserted at the time. In the United States, regulatory agencies of state departments or the federal government may issue waivers to exempt companies from certain regulations. For exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supplemental Jurisdiction
Supplemental jurisdiction, also sometimes known as ancillary jurisdiction or pendent jurisdiction, is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject-matter jurisdiction to hear the additional claims independently. is a codification of the Supreme Court's rulings on ancillary jurisdiction ('' Owen Equipment & Erection Co. v. Kroger'', ) and pendent jurisdiction ('' United Mine Workers of America v. Gibbs'', ) and a superseding of the Court's treatment of pendent party jurisdiction (''Finley v. United States'', ). Historically there was a distinction between pendent jurisdiction and ancillary jurisdiction. But, under the ruling in ''Exxon'', that distinction is no longer meaningful. Supplemental jurisdiction refers to the various ways a federal court may hear either: state law claims, claims from parties who lack the amount in controversy requirement of diversity jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grammatical Polarity
In linguistics and grammar, affirmation (abbreviated ) and negation () are ways in which grammar encodes positive and negative polarity into verb phrases, clauses, or utterances. An affirmative (positive) form is used to express the validity or truth of a basic assertion, while a negative form expresses its falsity. For example, the affirmative sentence "Joe is here" asserts that it is true that Joe is currently located near the speaker. Conversely, the negative sentence "Joe is not here" asserts that it is not true that Joe is currently located near the speaker. The grammatical category associated with affirmatives and negatives is called polarity. This means that a clause, sentence, verb phrase, etc. may be said to have either affirmative or negative polarity (its polarity may be either affirmative or negative). Affirmative is typically the unmarked polarity, whereas a negative statement is marked in some way. Negative polarity can be indicated by negating words or particles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has ''personal'' jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing (law), standing or ''locus standi'', which is the ability of a party to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attachment (law)
Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. A wide variety of legal mechanisms are employed by debtors to prevent the attachment of their assets. Prejudgment attachment Prejudgment attachment or Prejudgment writ of attachment allows recovery of money damages by levying a security interest on the property of the party paying money damages. A writ of attachment is filed to secure debt or claim of the creditor in the event that a judgment is rendered. Foreign attachment procedures have existed from time to time in Scotland, where it was known as ''arrestment''; in France, where it was known as '' saisie arret''; in the U.S and elsewhere. (Google Books) Prejudgment attachment in Chinese litigation proceeding can be obtained by the plaintiff before filing the case with court or arbitration commission in the case of emergen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advisory Committee On Civil Rules
Advisory may refer to: * Advisory board, a body that provides advice to the management of a corporation, organization, or foundation * Boil-water advisory, a public health directive given by government to consumers when a community's drinking water could be contaminated by pathogens * Homeroom, or advisory, is the classroom session in which a teacher records attendance and makes announcements * Significant weather advisory, a Special Weather Statement advising inclement weather is likely or imminent See also * Advice (other) Advice (noun) or advise (verb) may refer to: * Advice (opinion), an opinion or recommendation offered as a guide to action, conduct * Advice (constitutional law) a frequently binding instruction issued to a constitutional office-holder * Advice ... * Advisory Council (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plant V
Plants are the eukaryotes that form the kingdom Plantae; they are predominantly photosynthetic. This means that they obtain their energy from sunlight, using chloroplasts derived from endosymbiosis with cyanobacteria to produce sugars from carbon dioxide and water, using the green pigment chlorophyll. Exceptions are parasitic plants that have lost the genes for chlorophyll and photosynthesis, and obtain their energy from other plants or fungi. Most plants are multicellular, except for some green algae. Historically, as in Aristotle's biology, the plant kingdom encompassed all living things that were not animals, and included algae and fungi. Definitions have narrowed since then; current definitions exclude fungi and some of the algae. By the definition used in this article, plants form the clade Viridiplantae (green plants), which consists of the green algae and the embryophytes or land plants (hornworts, liverworts, mosses, lycophytes, ferns, conifers and other gymnosperm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
