CLAIM

claim,n.1. The aggregate of operative facts giving rise to a right enforceable by a court <the plaintiff’s short, plain statement about the crash established the claim>. — Also termed claim for relief. 2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional <the spouse’s claim to half the lottery winnings>.3. A demand for money, property, or a legal remedy to which one asserts a right; esp., the part of a complaint in a civil action specifying what relief the plaintiff asks for. [Cases: Federal Civil Procedure  680; Pleading 72. C.J.S. Pleading §§ 110–115.] donation claim.Property law. A claim for ownership of land under a donation act or bounty-land warrant. See DONATION ACT; BOUNTY-LAND WARRANT. honest claim.A claim made by someone who believes, however unreasonably, that he or she has a right to something or that there is a chance that such a right exists.liquidated claim. 1. A claim for an amount previously agreed on by the parties or that can be precisely determined by operation of law or by the terms of the parties’ agreement. 2. A claim that was determined in a judicial pro-ceeding. — Also termed liquidated demand. [Cases: Accord and Satisfaction  10; Interest  39(2.15). C.J.S. Accord and Satisfaction §§ 44–45.] matured claim.A claim based on a debt that is due for payment. stale claim.A claim that is barred by the statute of limitations or the defense of laches. — Also termed stale demand. [Cases: Equity  67; Limitation of Actions  1, 165. C.J.S. Equity §§ 128–132; Limitations of Actions §§ 2–4, 10–11.] unliquidated claim.A claim in which the amount owed has not been determined. [Cases: Accord and Satisfaction  10; Interest  39(2.15). C.J.S. Accord and Satisfaction §§ 44–45.] 4. An interest or remedy recognized at law; the means by which a person can obtain a privilege, possession, or enjoyment of a right or thing; CAUSE OF ACTION(1) <claim against the employer for wrongful termination>.ancillary claim.A claim that is collateral to, dependent on, or auxiliary to another claim, such as a state-law claim that is sufficiently related to a federal claim to permit federal jurisdiction over it. • The concept of ancillary federal jurisdiction is now contained in the supplemental-jurisdiction statute, 28 USCA § 1367. See ancillary jurisdiction and supplemental jurisdiction under JURISDICTION. [Cases: Federal Courts  14, 20.]colorable claim. 1. A claim that is legitimate and that may reasonably be asserted, given the facts presented and the current law (or a reasonable and logical extension or modification of the current law).2. A claim in which the debtor and property holder are, as a matter of law, not adverse. • One example of a colorable claim is one made by a person holding property as an agent or bailee of the bankrupt. contingent claim.A claim that has not yet accrued and is dependent on some future event that may never happen. counterclaim. See COUNTERCLAIM. cross-claim. See CROSS-CLAIM.frivolous claim.A claim that has no legal basis or merit, esp. one brought for an unreasonable purpose such as harassment. Fed. R. Civ. P. 11(b).supplemental claim.A claim for further relief based on events occurring after the original claim was made.5.Bankruptcy. A right to payment or to an equitable remedy for breach of performance if the breach gives rise to a right to payment. • It does not matter whether the right has been reduced to judgment or whether it is liquidated or unliquidated, fixed or contingent, matured or unmatured, disputed or undisputed, or secured or unsecured.creditor’s claim.Bankruptcy. A claim that a creditor has against a debtor. [Cases: Bankruptcy 2825.]involuntary gap claim.Bankruptcy. A claim that accrues in the ordinary course of business after an involuntary bankruptcy petition has been filed but before the order for relief or the appointment of a trustee. • The Bankruptcy Code gives priority to creditors with claims of this type to encourage creditors to continue dealing with a debtor until the debtor has a chance to challenge the involuntary petition. [Cases: Bankruptcy  2833. C.J.S. Bankruptcy § 240.] priority claim.Bankruptcy. An unsecured claim that, under bankruptcy law, must be paid before other unsecured claims. • The Bankruptcy Code sets forth nine classes of claims, to be paid in order of priority: (1) administrative expenses of the bankruptcy estate, (2) involuntary gap claims, (3) wage claims, (4) contributions to employee benefit plans, (5) claims of grain farmers and fishermen, (6) consumer deposits, (7) alimony, maintenance, and child-support claims, (8) tax claims, and (9) capital requirements of an insured depository institution. [Cases: Bankruptcy  2951–2972. C.J.S. Bankruptcy §§ 201–202, 255–267, 287, 351, 353, 259.] secured claim.A claim held by a creditor who has a lien or a right of setoff against the debtor’s property. [Cases: Secured Transactions  1. C.J.S. Secured Transactions §§ 3, 7–9, 23,37.]unsecured claim. 1. A claim by a creditor who does not have a lien or a right of setoff against the debtor’s property. 2. A claim by a creditor to the extent that its lien on or right of setoff against the debtor’s property is worth less than the amount of the debt. 6.Patents. PATENT CLAIM.[Blacks Law 8th]