transaction or occurrence test
transaction or occurrence test
Law Definition
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 werent for the
compulsory counterclaim rule? 3) Will essentially the same evidence support or
refute both the plaintiffs claim and the counterclaim? 4) Are claim and
counterclaim largely related?
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