claim (2024)

A claim is aset of operative factscreating a right enforceable in court.The term claim is generally synonymous withthe phrase cause of action, though some contexts prefer to use one of the terms over the other. For example, in the field of insurance, you generally file a claim for coverage under a policy rather than file a cause of action for coverage under a policy.

Attempting to file a lawsuit in which no claim is present will result in the dismissal of that lawsuit under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. As established in Ashcroft v. IQBAL and Bell Atlantic v. Twombly, a claim must be plausible on its face and establish more than the mere possibility that the defendant is liable to survive a 12(b)(6) motion to dismiss.

Legal claims are subject to the principles of res judicata and a party may therefore be unable to bring an otherwise valid claim to court due to claim preclusion. A party is precluded from raising any claim in a new lawsuit that was already adjudicated on the merits in a previous trial, as well as any compulsory counterclaim that they could have raised but did not raise in that previous trial.

In patent law, a claim is a technical description for each segment of the invention that the patent protects. Most patents include multiple claims.The first claim usually describes the whole invention in the broadest terms allowed by the USPTO. Subsequent claims describe - in increasingly precise terms - how each unit of the invention gets created.

[Last updated in July of 2022 by the Wex Definitions Team]

claim (2024)

FAQs

What is the definition of a claim? ›

A claim is when you express your right to something that belongs to you, like your medical records or the deed to your home. When you make a claim or claim something, you're demanding it or saying it's true. People claim dependents and deductions on their taxes.

What is a claim in a story? ›

A “claim” (also known as a “thesis statement” or “argument”) is the central idea of your paragraph or essay and should appear in the first sentence.

What is a claim and example? ›

Claims are statements about what is true or good or about what should be done or believed. Claims are potentially arguable. "A liberal arts education prepares students best" is a claim, while "I didn't like the book" is not.

What is a word for claim? ›

allege, ask, assert, believe, call for, challenge, collect, declare, defend, hold, insist, need, take.

What is the best definition for claim? ›

noun. an assertion of a right; a demand for something as due. an assertion of something as true, real, or factual. he made claims for his innocence.

How should a claim be defined? ›

The claim defines what the author wants you to do, think, or believe by the time you finish reading his or her work. Your claim is your thesis assertion, or angle. In logical argument, your argument is only as valuable as its claim, which needs to be detailed, reasonable, and supportable with valid evidence.

What is author's claim mean? ›

The author's argument is the claim or stance that is made by the author, which is typically stated in the thesis statement. The author may aim to persuade the reader or simply make a claim. This claim or assumption made in the argument is known as the premise.

What does main claim mean? ›

The main argument or claim is the central idea or thesis statement of a piece of writing. It is the main point that the author wants to convey to the reader.

What is a claim in a sentence? ›

1. : a statement saying that something happened a certain way or will happen a certain way : a statement saying that something is true when some people may say it is not true. She makes the claim that sea levels will actually go down. He made false claims about his past job experience.

What is a simple claim? ›

A simple claim is the shortest possible unit of expression that expresses a complete thought (something capable of being true or false). Kara got her hair cut. COMPOUND CLAIMS. Compound claims are made by adding sentence connectives to simple claims.

What are 3 claims? ›

Three types of claims are as follows: fact, value, and policy. Claims of fact attempt to establish that something is or is not the case. Claims of value attempt to establish the overall worth, merit, or importance of something. Claims of policy attempt to establish, reinforce, or change a course of action.

What does "claim it" mean? ›

to demand something of value because you believe it belongs to you or you have a right to it: If no one claims the money, I can keep it.

What is a claim of fact? ›

Claims of Fact - Claims that assert the truth or existence of something and can be tested by examining evidence for the claim. Claims of Value - Claims that make a judgment about the worth or value of something, usually judging something as praiseworthy or blameworthy, beautiful or ugly, or simply good or bad.

What describes a claim? ›

: a right to something. specifically : a title to a debt, privilege, or other thing in the possession of another. The bank has a claim on their house. b. : an assertion open to challenge.

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