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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:
A claim is a substantive statement about a thing, such as an idea, event, individual, or belief. Its truth or falsity is open to debate. Its truth or falsity is open to debate. Arguments or beliefs may be offered in support, and criticisms and challenges of affirming contentions may be offered in rebuttal.
There is a debate over whether the argument from ignorance is always fallacious. It is generally accepted that there are only special circumstances in which this argument may not be fallacious. For example, with the presumption of innocence in legal cases, it would make sense to argue: [5] It has not been proven that the defendant is guilty.
For example, for a claim of negligence, the elements are: the (existence of a) duty, breach (of that duty), proximate cause (by that breach), and damages. If a complaint does not allege facts sufficient to support every element of a claim, the court, upon motion by the opposing party, may dismiss the complaint for failure to state a claim for ...
Moralistic fallacy – inferring factual conclusions from evaluative premises, in violation of fact-value distinction; e.g. making statements about what is, on the basis of claims about what ought to be. This is the inverse of the naturalistic fallacy.
A proposition is a statement that makes a claim about what is the case. In this regard, propositions act as truth-bearers: they are either true or false. [18] [19] [3] For example, the sentence "The water is boiling." expresses a proposition since it can be true or false.
The United States Federal Rule of Civil Procedure 8(d)(2) states that "[a] party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient." [4]
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.