Also known as: claims · claimed · claiming · demand · assertion
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An assertion of a right to a legal remedy or payment consisting of the operative facts that give rise to an enforceable demand in court.
An assertion of a right to a legal remedy or payment consisting of the operative facts that give rise to an enforceable demand in court.
Caleb Chang sued a state agency in federal district court alleging that agency regulations violated the Due Process Clause. The complaint asserted that the regulations deprived him of a protected liberty interest without adequate procedures and sought declaratory and injunctive relief under the Constitution.
Chloe Chen filed a complaint containing a novel theory of liability. Her attorney signed the pleading after researching analogous precedent and concluded that the theory rested on a nonfrivolous argument for extending existing doctrine rather than on settled law alone.
An adverse interest or demand that clouds title to land such as an unreleased lien or outstanding interest that may render title unmarketable.
Continental Bank contracted to sell a parcel to Copperfield Mining. A recorded but unreleased mortgage from a prior owner remained on the public records at closing. Copperfield Mining refused to close and demanded rescission because the mortgage constituted an adverse claim that a prudent purchaser would reject.
Curtis Cannon remained in possession of leased premises after the lease expired. He made no assertion of ownership or superior right and simply refused to vacate. The landlord treated the continued possession as an estate at sufferance rather than a new tenancy.
An adverse interest or demand that clouds title to land such as an unreleased lien or outstanding interest that may render title unmarketable.
Each sense below has its own examples, sources, and questions.
Connor Clark asserted a claim of self-defense after being charged with assault. He offered testimony of specific prior incidents in which the alleged victim had initiated unprovoked attacks. The court admitted the evidence because the victim's character for violence was an essential element of his claim.
Craig Caldwell's former client sued him for malpractice. Caldwell disclosed limited confidential information to establish that the client's own conduct had caused the alleged damages and to defend the fee dispute that arose from the same representation.
The complaint must assert that the right at issue arises under the Constitution or federal law on its face. References to federal law only to anticipate a defense do not create federal-question jurisdiction.
Disclosure is permitted to establish a claim or defense on the lawyer's behalf in a controversy with the client or to respond to allegations concerning the representation.
The character trait may be proved by relevant specific instances of conduct in addition to reputation or opinion testimony.
An adverse claim such as an unreleased lien or outstanding interest renders title unmarketable if a reasonably prudent purchaser would refuse it. The buyer may then refuse to close and seek rescission or damages unless the contract provides otherwise or the defect is waived.
…objection to particular questions but not to the general competency to be sworn as witnesses. Mr. Lee illustrated that if one claimed title to land under a patent from the United States and the Secretary refused a copy, a mandamus could compel production; to obtain a mandamus one must show the patent is recorded and…