In a civil suit, what is a "counterclaim"?

Preparation for the Civil Process Test with well-crafted quizzes. Study with detailed multiple-choice questions, hints, and breakdowns. Prepare confidently for your test!

A counterclaim is defined as a claim made by a defendant against the plaintiff in response to the original complaint. In civil litigation, when a defendant receives a lawsuit, they may not only want to defend themselves against the plaintiff's allegations but may also have their own grievances related to the issue at hand. By filing a counterclaim, the defendant essentially seeks to turn the tables and assert their own claims as part of the same legal proceedings. This can be seen as an efficient use of the judicial system, as it allows all related issues to be resolved in one lawsuit rather than requiring separate legal actions.

This process serves various purposes, including providing an opportunity for the defendant to seek relief or compensation based on circumstances that led to the original complaint. It also ensures that both parties can present their cases and defenses in a unified manner, which helps maintain judicial efficiency.

In contrast, the other options refer to different legal concepts. A claim made by the plaintiff against a third party describes a third-party claim, while a motion to dismiss addresses the legal sufficiency of the plaintiff's claims without making a counterargument. Lastly, a request for additional time to file a response pertains to extensions in legal procedures, not the substantive claims made in a lawsuit. Thus, the definition

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy