transaction or occurrence test
n.
A test used to determine whether a cause of action arises out of the same transaction or event that is the subject matter of an existing claim brought by the opposing party, in which case it must be brought as a counterclaim or forever be barred from litigation.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


transaction or occurrence test
n. test used under federal law to determine whether a particular claim should have been filed as a counterclaim and will be barred from future filing as a separate claim. The four separate suggested tests are:
1) Are factual and legal claims raised by claim and counterclaim really the same? 2) Would a later suit be barred by res judicata if it weren't for the compulsory counterclaim rule? 3) Will essentially the same evidence support or refute both the plaintiff's claim and the counterclaim? 4) Are claim and counterclaim largely related?

Webster's New World Law Dictionary. . 2000.

Look at other dictionaries:

  • transaction or occurrence test — Fed.R.Civil P. 13(a) provides that a claim qualifies as a compulsory counterclaim if it arises out of the transaction or occurrence that is the subject matter of the opposing party s claim. Courts generally have agreed that these words should be… …   Black's law dictionary

  • occurrence test — transaction or occurrence test Fed.R.Civil P. 13(a) provides that a claim qualifies as a compulsory counterclaim if it arises out of the transaction or occurrence that is the subject matter of the opposing party s claim. Courts generally have… …   Black's law dictionary

  • transaction test — transaction or occurrence test Fed.R.Civil P. 13(a) provides that a claim qualifies as a compulsory counterclaim if it arises out of the transaction or occurrence that is the subject matter of the opposing party s claim. Courts generally have… …   Black's law dictionary

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • cross-claim — Cross claims against co parties are governed in the federal district courts and in most state trial courts by Rule of Civil Procedure 13(g): A pleading may state as a cross claim any claim by one party against a co party arising out of the… …   Black's law dictionary

  • Microsoft SQL Server — Developer(s) Microsoft Stable release SQL Server 2008 R2 (10.50.2500.0 Service Pack 1) / July 11, 2011; 4 months ago …   Wikipedia

  • Credit default swap — If the reference bond performs without default, the protection buyer pays quarterly payments to the seller until maturity …   Wikipedia

  • South African contract law — is essentially a modernised version of the Roman Dutch law of contract, [1] which is itself rooted in Roman law. In the broadest definition, a contract is an agreement entered into by two or more parties with the serious intention of creating a… …   Wikipedia

  • Glossaire du data mining — Exploration de données Articles principaux Exploration de données Fouille de données spatiales Fouille du web Fouille de flots de données Fouille de textes …   Wikipédia en Français

  • japan — japanner, n. /jeuh pan /, n., adj., v., japanned, japanning. n. 1. any of various hard, durable, black varnishes, originally from Japan, for coating wood, metal, or other surfaces. 2. work varnished and figured in the Japanese manner. 3. Japans,… …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.