Word for Legal Claim

1) v. to make a claim for money, property or to assert a right provided by law. 2) n. the assertion of a claim (claim of a claim) for money owed, for property, for damages or for the assertion of a right. Failure to comply with such a claim may result in legal action. In order to assert a right against a government agency (from damages caused by a negligent bus driver to the absence of pay slips), a lawsuit must first be filed. If it is rejected or ignored by the government, it is time to take legal action. The synonyms requirement and claim are sometimes interchangeable, but demand involves tenacity and perseverance, and often the right to make demands that must be considered orders. In patent law, a claim is a technical description for each segment of the invention that protects the patent. Most patents contain multiple claims. The first claim generally describes the entire invention in the broadest terms authorized by the USPTO.

Subsequent claims describe – more and more precisely – how each unit of the invention is generated. Legal claims are subject to the principles of res judicata and, therefore, a party may not be able to bring an otherwise valid claim in court due to the exclusion of claims. A party is prevented from bringing claims in a new dispute which has already been decided on the merits in earlier proceedings, as well as in any mandatory counterclaim which it may have brought but which it did not bring in that earlier proceedings. Attempting to bring an action without a claim will result in the dismissal of that action under Federal Rule of Civil Procedure 12(b)(6) for lack of claim. As in Ashcroft v. IQBAL and Bell Atlantic v. Second, an action must prima facie be plausible and demonstrate more than the mere possibility that the defendant will have to survive an application for dismissal under Article 12(b)(6). A claim is a set of operational facts that create enforceable law in court.

The term claim is generally synonymous with the term cause of action, although some contexts prefer to use one term over the other. For example, in insurance, you typically file a claim for coverage under a policy rather than filing a cause of action for coverage under a policy.