File a Claim – statement of facts yet to be proved true, along with a specific demand(s) for relief:

     The general principle is that the claimant is entitled to full compensation for his or her losses.   In tort, the purpose of damages is to put the claimant in the position that s/he would have been in had the tort not been committed.  In Contract, the purpose of damages is to put the claimant in the position that s/he would have been in had the contract been performed.  In either case the claimant must take all reasonable steps to mitigate his or her losses.

    When an action is filed to recover damages only, and not brought for the specific recovery of lands, goods, or sums of money, the usual course is to issue a writ of inquiry.  By virtue of such writ, the sheriff, aided by twelve lawful men, ascertains the amount of damages, and makes return to the court of the inquisition, which, unless set aside, fixes the damages, and a final judgment follows.

    But when the action is founded on a promissory note, bond, or other contract in writing, by which the amount of money due may be easily computed, it is the practice, in some courts, to refer to the clerk or prothonotary the assessment of damages. In such cases no writ of inquiry is issued. [1]

n. (13c)

l. A statement that something yet to be proved is true <claims of torture>

2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional <the spouse’s claim to half of the lottery winnings>.

3. A demand for money, property, or a legal remedy to which one asserts a right; especially the part of a complaint in a civil action specifying what relief the plaintiff asks for.  aka claim for relief (1808). [2] 

1. A legal assertion; a legal demand; Taken by a person wanting compensation, payment, or reimbursement for a loss under a contract, or an injury due to negligence. 2. Amount a claimant demands. [3]

1. Something demanded as a matter of right.

2. A civil case.

3. With respect to commercial paper, a right to the instrument on its proceeds. [4]

Related Terms:

Claims Adjuster – a person who makes a determination of the value of a claim against an insurance company for the purpose of arriving at the amount for which the claim will be settled.

Claim for Relief – a complaint and any pleading which sets forth a claim, counterclaim, cross-claim, or third-party claim.  See demand for relief; relief.

Claimant – one who claims or makes a claim; an applicant for justice; a plaintiff.

Claims Courts – a federal or state court for asserting claims against the government.

Types of Claims:

Claim Against Decedent’s Estate – a debt that could have been enforced in a court against the decedent during his lifetime.

Claim and Delivery – the name of an action to recover personal property wrongfully taken or held and, in some circumstances, to recover damages. [3]

Honest Claim – made by someone who believes they have a right to something or that there is a chance that such right exists.

Liquidated Claim – a claim with a definite amount that was agreed upon, can easily be determined, or has already been determined.  aka liquidated demand.

Maritime Claim – a claim related to a ship or a carriage of cargo by ship.

Matured Claim – a claim based on a debt that is due for payment.

Stale Claim – a claim that is barred by the statute of limitations or the defense of laches aka stale demand.

Unliquidated Claim – (18c) A claim in which the amount owed has not been determined.

(fourth definition)

4. An interest or remedy recognized at law; the means by which a person can obtain a privilege, possession, of enjoyment of a right or thing; CAUSE OF ACTION (1) <claim against the employer for wrongful termination>.

Claims arising from various Causes of Action:

Ancillary Claim – a claim that is collateral to, dependent on, or auxiliary to another claim.

Antecedent Claima preexisting claim. * Under the UCC, a holder takes an instrument for value if it is taken for an antecedent claim. UCC § 3-303.

Apportionable Claim – a claim for economic loss or damage to property where, more than one wrongdoer is liable in proportion to his or her responsibility for the harm done.

Colorable Claim – a claim that appears legally well founded, but may actually be false or invalid.

Commercial Tort Claim – coming soon.

Consumer Claim – coming soon.

Counterclaim – coming soon.

Cross-claim – coming soon.

Enhanced-Injury Claim – coming soon.

False-Association Claim – coming soon.

False Claim – coming soon.

Fraudulent Claim – coming soon.

Frivolous Claim (18c) A claim that has no legal basis or merit, esp. one brought for an unreasonable purpose such as harassment. Fed. R. Civ. P. 11(b)

Supplemental Claim (1831) A claim for further relief based on events occurring after the original claim was made. [1]


Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: U.S. Legal, “Assessment of Damages & Legal Definition”:

[2]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[3]: Black’s Law Dictionary Second Edition Online, “CLAIM”:

[4]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[5]: Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 170 (2d ed. 1899).


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