Counterclaims & Pleading
This type of counterclaim must be brought if it arises out of the same transaction or occurrence.
What is a compulsory counterclaim?
This standard applies when the appellate court reviews pure legal questions.
What is de novo review?
Failure to plead this type of counterclaim means it is usually barred in future litigation.
What is preclusion of unraised compulsory counterclaims?
This standard defers heavily to the trial judge and reverses only if the decision was unreasonable.
What is abuse of discretion?
This type of counterclaim does not need to arise out of the same transaction or occurrence.
What is a permissive counterclaim?
Appellate courts may affirm a judgment on any ground supported by the record for this overarching policy reason.
What is efficiency or avoiding unnecessary remands?
Supplemental jurisdiction usually does not extend to this type of counterclaim unless it independently satisfies jurisdiction.
What is a permissive counterclaim?
One reason appellate courts may affirm on alternative grounds is that this principle values final, correct outcomes over flawed reasoning.
What is ensuring correct results/upholding correct judgments?
The policy behind allowing permissive counterclaims includes party autonomy and efficiency, but this major downside limits them in federal court
What is the lack of supplemental jurisdiction?
Courts insist they decide cases based on law, not the labels chosen by litigants, as part of this broad appellate principle.
What is maintaining judicial neutrality and finality?