We are living in a world where some people think that violence is the only reason to solve every

problem. If people keep this violence around us, it’s not going to get better. Violence has been in this
world for centuries now and for the same causes, to gain power of authority. Kids in schools feel superior
to others by calling other kids horrible names and making fun of them. Men hit women so they can
“earn” their respect back. The point is that violence won’t make you a better person, it will make you a
monster and nobody likes a monster.

There are over 3.2 million of students that are victims of bullying each year. Because of these,
approximately 160,000 teens skip school every day to avoid the bullies. Some of these students drop out
of school. Some schools don’t even help the victims that are been bullied. Over two-thirds of students
believe that schools respond poorly to bullying, with high percentage of students believing that adult
help is infrequent and ineffective. I didn’t know that harassment and bullying has been linked to 75
percent of school-shooting incidents.

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Definition of Counterclaim

Noun

A claim made to offset another claim in a legal action.

Verb

To assert a claim for relief against a party who has made an original claim.

Origin

1775-1785 English (counter +claim)

What is Counterclaim

In very simple terms, a counterclaim is the opposite of a claim. In the legal system, once a person (the
“plaintiff”) has filed a legal action, which makes certain claims against the other party (the “defendant”),
the defendant must file an answer to the claims with the court. Once this has been done, the process of
each party proving his own position begins. The counterclaim is just one of the four elements of an
argument, which include:

Claim – to assert facts that give rise to a legally enforceable right or judicial action

Counterclaim – a claim for relief made in opposition to, or to offset another person’s claim

Reasons – the rationale behind a party’s claim

Evidence – something that proves the truth of a claim, or leads to a conclusion

Counterclaim Example

Marsha is a busy design consultant for a home décor and renovation company. Her job frequently takes
her out of the office to visit clients’ homes and offices to formulate a redecoration plan, personally pick
out supplies, and to personally check up on the construction or installation. Marsha’s phone is constantly
ringing, as she fields phone calls throughout the day, regardless of her location. Marsha desperately
wants to separate her stressful job from her personal life, so she tells her employer, Ralph, that she
needs a company cell phone. Ralph, thinking only of the additional expense, simply says “No.”

Marsha has made her claim – asking for a company cell phone.

Ralph has made his counterclaim – responding in the negative.

Now Jane must offer substantial and valid reasons to convince Ralph that she needs the company to
provide her with a company phone. Jane might provide evidence of the hardship using her personal
phone is causing her and her family. Jane’s reasoning may include a description of how often clients call
her phone when she is at her daughter’s soccer games on Saturdays, when she is sitting down to dinner
with her family, or when she is out on “date night” with her husband.

Jane may point out that she receives so many business phone calls that she has had to record a business-
like greeting for her voicemail, which confuses friends and family, who think they have called her “at
work” by mistake. As evidence, Jane may give Ralph copies of her cell phone activity for the past couple
of months, highlighting the many business calls she has received and made.
In this example of counterclaim, Ralph now needs to support his refusal to provide Jane with a company
phone. He should be ready to give good, substantiated reasons for his refusal to provide something that
the company should have been paying for all along. This may include evidence of the company’s inability
to foot the bill, and that the company does not require Jane to take calls on her personal phone.

Compulsory Counterclaims and Permissive Counterclaims

Once a party has filed a civil lawsuit, the defending party may file a counterclaim against him. Such a
claim is aimed directly at the plaintiff for coexisting damages or claims in the same matter, which may
serve to lessen the defendant’s liability. Some states have attempted to consolidate related matters by
requiring that a defendant file a counterclaim on any issue directly related to the original lawsuit. This is
a compulsory counterclaim, as the defendant is required to bring up any issues that may counter the
plaintiff’s claim, as part of the same lawsuit. If he fails to do so, he cannot make that claim later in a
separate lawsuit.

For instance, the Federal Rules of Civil Procedure, Title III, Rule 13, compels a compulsory counterclaim
if:

(a) (1) … A pleading must state as a counterclaim any claim that—at the time of its service—the pleader
has against an opposing party if the claim:

(A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim;
and

(B) does not require adding another party over whom the court cannot acquire jurisdiction.

A permissive counterclaim is instituted by a defendant against a plaintiff in a lawsuit, but the defendant’s
claim does not arise from the same issue or transaction as the plaintiff’s original claim. Many states allow
permissive counterclaims, depending on the subject matter, and how it relates to the original lawsuit.
While a defendant is not required to bring up such issues during the current case, as would be the case
in a compulsory counterclaim, if he does, and the issue is decided by the court as part of the lawsuit
ruling, the defendant cannot bring that claim later in another lawsuit.
Example of Compulsory Counterclaim

Martin convinces his friend, Adam, to invest in his new ice cream truck business. The two enter into a
written contract, which specifies that Adam will put in an initial investment of $5,000, and that Martin
will do all of the work in obtaining an ice cream truck and inventory, and that he will work the truck.
Adam agreed to pay another $5,000 in four months’ time to help ensure the business is well-funded in
its early months. Sixty days after Adam paid Martin the initial $5,000, he discovered that Martin hadn’t
purchased the truck or inventory like he was supposed to do, yet the money has been spent. As a result,
Adam backs out, refusing to pay any more money.

Martin files a lawsuit in small claims court, asking the court to order Adam to pay the remaining $5,000
required by the contract. At trial, Adam argues that Martin hadn’t done the things he was supposed to
do according to the business plan, and he suspected he didn’t intend to, which is the reason he had
backed out of the deal. The judge rules in Martin’s favor, because the two had a written contract, and
Adam hadn’t proven that Martin would not, or could not, accomplish all of the necessary tasks for the
business. Adam is ordered to pay Martin the remaining $5,000, and the contract is to remain in full force
and effect.

Once Martin had filed his lawsuit, Adam could have filed a counterclaim, claiming that Martin had
fraudulently convinced him to invest the money, and asking for his $5,000 investment to be returned.
This counterclaim then requires Martin to show to the court that he had indeed been fulfilling his
responsibilities according to the contract, and that he will continue to do so. In such a case, the court will
hear the entire case, from both sides, before making its decision.

A ruling in this example of counterclaim will likely balance the liability between both sides, with a net
judgment being rendered. For instance, if the court determines that Adam does indeed have to pay the
other $5,000, but that Martin had falsely inflated the amount of money needed in order to trick Adam
into giving him $2,000 more than the business required, Adam may be ordered to pay Martin only
$3,000.

If the pair lived in a state of compulsory counterclaim, Adam would be required to make this claim within
a certain period of time after Martin had filed the lawsuit. If he failed to do so, he could not later file a
lawsuit claiming Martin had fraudulently induced him into the contract.