Permissive Counterclaim – does not arise out of the same subject matter as the opposing party’s claim or involves third parties over which the court does not have jurisdiction, and may be brought in a later. separate action

permissive:
adj. (15c)

1. Permitted; allowed; tolerated. [1]

1. PERMISSIBLE <permissive venue>.

2. Recommending or tolerating, but not compelling or prohibiting; giving power of choice <permissive legislation>.

3. Not strict; allowing behavior that many others would disapprove of <teachers who are too permissive>. [2]

permissive counterclaim:
(1924)

1. A counterclaim by a defendant against a plaintiff which does not arise out of the same transaction or occurrence that is the subject of the plaintiff’s claim. [1]

1. A counterclaim that need not be asserted to be cognizable, usually because it does not arise out of the same subject matter as the opposing party’s claim or involves third parties over which the court does not have jurisdiction.  *  Permissive counterclaims may be brought in a later. separate action.  See Fed. R. Civ. P. 13(b). [2]

cognizable:
adj. (17c)

1. Capable of being heard and determined by a court.  i.e. within the jurisdiction of the court.

2. knowable. [1]

1. Capable of being known or recognized <for purposes of establishing standing, a plaintiff must allege a judicially cognizable injury>.

2. Capable of being identified as a group because of a common characteristic or interest that cannot be represented by others <American Indians qualify as a cognizable group for jury-selection purposes>.

3. Capable of being judicially tried or examined before a designated tribunal; within the court’s jurisdiction <the tort claims are not cognizable under the consumer-protection statute>. [2]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[2]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

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