What does the term "counterclaim" mean in civil litigation?

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

In civil litigation, a "counterclaim" refers specifically to a claim that a defendant makes against a plaintiff in response to the plaintiff's initial complaint. This legal mechanism allows the defendant to assert their own allegations and seek relief, effectively transforming a defensive position into an offensive one. By filing a counterclaim, the defendant can bring in any issues or damages they believe the plaintiff has caused, and both parties can resolve their claims in one lawsuit rather than in separate legal actions. This promotes judicial efficiency and ensures that related disputes are handled together.

The other options do not accurately describe what a counterclaim is. A motion to dismiss is a request to terminate a case due to insufficient evidence, an appeal is a formal request to a higher court to review a decision, and altering the original complaint typically involves amendments rather than filing a counterclaim. Each of these acts has distinct legal implications and procedures separate from what constitutes a counterclaim in civil litigation.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy