affirmative relief


affirmative relief
Relief, benefit, or compensation which may be due and granted to defendant. Relief for which defendant might maintain an action independently of plaintiffs claim and on which he might proceed to recovery, although plaintiff abandoned his cause of action or failed to establish it. specific performance (q.v.) is a type of affirmative relief that may be granted to plaintiff

Black's law dictionary. . 1990.

Look at other dictionaries:

  • affirmative relief — n: relief requested by the defendant to a lawsuit for injury which he or she claims to have suffered during the same factual situation the plaintiff claims to have been injured in and for which he or she could also bring a lawsuit Merriam… …   Law dictionary

  • affirmative relief — Relief granted to a defendant In an action upon his demand therefor and proof of his right thereto …   Ballentine's law dictionary

  • affirmative — af·fir·ma·tive /ə fər mə tiv/ adj 1: asserting the existence of certain facts esp. in support of a cause of action affirmative proof 2: resulting from an intentional act affirmative concealment 3: involving or requiring application of effort …   Law dictionary

  • relief — re·lief n: redress, assistance, or protection given by law esp. from a court should state what relief the plaintiff seeks: as a: release from obligation or duty relief from judgment b: an order from a court granting a particular remedy (as return …   Law dictionary

  • affirmative plea — In equity: a plea which alleges new matter of defense, proceeding on the theory that, admitting the case stated in the bill to be true, the matter pleaded by the plea affords a sufficient reason why the plaintiff should be denied relief. 27 Am… …   Ballentine's law dictionary

  • default judgment — see judgment 1a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. default judgment …   Law dictionary

  • Sully v. Drennan — SCOTUSCase Litigants=Sully v. Drennan ArgueDate=January 20 ArgueYear= DecideDate=February 2 DecideYear=1885 FullName=Sully v. Drennan USVol=113 USPage=287 Citation= Prior= Subsequent= Holding= SCOTUS=1882 1887 Majority= JoinMajority= LawsApplied …   Wikipedia

  • defense — That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks. That which is put forward to diminish plaintiffs cause of action or …   Black's law dictionary

  • Muskrat v. United States — Supreme Court of the United States Argued November 30, 1910 Decided January …   Wikipedia

  • counterclaim — A claim which, if established, will defeat or in some way qualify the judgment or relief to which the plaintiff is otherwise entitled. 20 Am J2d Countcl § 3; a counter demand or a cause of action existing in favor of the defendant against the… …   Ballentine's law dictionary


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