A defendant's counterclaim in a civil suit is a claim that:
Correct answer: C. Is brought by the defendant against the plaintiff in the same proceedings
- A. Can be brought only by a third party against both litigants
- B. Is filed only after the original suit has been dismissed
- C. Is brought by the defendant against the plaintiff in the same proceedings
- 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.
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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.
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