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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:
The fifth and sixth examples are meaningful declarative sentences, but are not statements but rather matters of opinion or taste. Whether or not the sentence "Pegasus exists." is a statement is a subject of debate among philosophers. Bertrand Russell held that it is a (false) statement. [citation needed] Strawson held it is not a statement at all.
A statement of case is any of a number of formal documents used in the courts of England and Wales under the Civil Procedure Rules (or CPR). The Claim Form (which may also include summary or all the particulars of claim , Defence and Response are all statements of case.
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]
An additional claim is treated as a normal claim unless Part 20 otherwise provides, so the rules on contents of claim forms, Particulars of Claim, Defences and Replies apply accordingly, [14] although the title of the statement of case should be modified to make clear who is pleading, and which statement of case, if any, is being responded to.
A loosely associated statement is a type of simple non-inferential passage wherein statements about a general subject are juxtaposed but make no inferential claim. [3] As a rhetorical device, loosely associated statements may be intended by the speaker to infer a claim or conclusion, but because they lack a coherent logical structure any such interpretation is subjective as loosely associated ...
However, the question of which statements are necessarily true remains the subject of continued debate. Treating logical truths, analytic truths, and necessary truths as equivalent, logical truths can be contrasted with facts (which can also be called contingent claims or synthetic claims).
The example Volokh uses is the statement that "Joe deserves to die" which in the context of a murder could be made to be a factual statement. [5] The fifth category is one that is not as firmly set by precedent: false statements, even deliberate lies, against the government may be protected. [11]
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