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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:
Home Depot U. S. A., Inc. v. Jackson, 587 U.S. ___ (2019), was a United States Supreme Court case which determined that a third-party defendant to a counterclaim submitted in a state-court civil action cannot remove their case to federal court. The Court explained, in a 5–4 decision, that although a third-party counterclaim defendant is a ...
Lafler v. Cooper, 566 U.S. 156 (2012), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea bargaining. The Court ruled that when a lawyer's ineffective assistance leads to the rejection of a plea agreement, a defendant is ...
The Twombly court criticized the modern notice pleading standard derived from the landmark 1957 Conley v. Gibson decision, which had ruled that a complaint should not be dismissed at the pleading stage, "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief".
In August 2007, Galin Frye was arrested and charged with driving without a license for the third time, making it a felony in Missouri.The prosecutor in the case sent Frye's attorney two plea offers; one to recommend a three-year sentence with Frye serving only ten days in jail if he pleaded guilty to the felony, and the second to reduce the felony to a misdemeanor, and Frye to serve 90 days in ...
For example, the Constitution of Oregon requires that the guilty verdict of a first-degree murder must be unanimous. In State v. Zweigart, 344 Or. 619 (Or. 2008), the Oregon Supreme Court held that "a jury must agree, not only that a defendant is guilty of a crime, but also on all the facts material to prove the crime." This means the jury ...
For example, if a prosecutor has only a 25% chance of winning his case and sending a defendant away to prison for 10 years, they may make a plea agreement for a sentence of one year; but if plea bargaining is unavailable, a prosecutor may drop the case completely.
Other special pleas used in criminal cases include the plea of mental incompetence, challenging the jurisdiction of the court over the defendant's person, the plea in bar, attacking the jurisdiction of the court over the crime charged, and the plea in abatement, which is used to address procedural errors in bringing the charges against the ...
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