A defendant's counterclaim in a civil suit is a claim that:
Correct answer: A. Is brought by the defendant against the plaintiff in the same proceedings
- A. Is brought by the defendant against the plaintiff in the same proceedings
- B. Is filed only after the original suit has been dismissed
- C. Can be brought only by a third party against both litigants
- D. Replaces the plaintiff's claim without requiring a court order
Explanation
A counterclaim allows the defendant to assert an independent claim against the plaintiff within the same proceedings. It promotes efficient adjudication instead of requiring a separate suit for that claim.
Last updated
About Civil Law
Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
Practise Civil Law
60 free Civil Law MCQs from Law and Constitution, each with the correct answer and an explanation. Unlimited attempts, no account needed.
Exams that ask Law and Constitution questions like this
Law and Constitution is on 2 papers prepared for on TestUstad, and all of them draw the same bank, so this question is worth knowing for every one of them.
Related questions
A cause of action in a civil suit consists of the material facts that:
A caveat filed under civil procedure generally gives a person the right to:
A civil claim for defamation generally seeks to protect a person's:
A civil remedy of restitution primarily aims to:
A claim for malicious prosecution generally requires proof that the earlier proceedings were started: