{"id":359351,"date":"2013-01-28T16:34:14","date_gmt":"2013-01-28T21:34:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dictionary\/definition\/claim.html"},"modified":"2013-01-28T16:34:14","modified_gmt":"2013-01-28T21:34:14","slug":"claim","status":"publish","type":"dictionary","link":"https:\/\/dictionary.findlaw.com\/definition\/claim.html","title":{"rendered":"Claim"},"content":{"rendered":"\n
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term:<\/p>\n

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n<\/p><\/dt>\n

[Old French, from clamer<\/i> to call, claim, from Latin clamare<\/i> to shout, proclaim]
1 a<\/b> :<\/b> a demand for something (as money) due or believed to be due
;specif<\/i>
:<\/b> a demand for a benefit (as under the workers’ compensation law) or contractual payment (as under an insurance policy)
b<\/b> :<\/b> a paper embodying such a demand [filing a with the court]
2<\/b> :<\/b> a title to something (as a debt or privilege) in the possession of another [assigned her to the proceeds]
3 a<\/b> :<\/b> a right to seek a judicial remedy arising from a wrong or injury suffered [a plaintiff who has been injured in an accident has…one for a broken arm, another for a ruptured spleen, and so forth “J. H. Friedenthal et al.<\/i>“]
;also<\/i>
:<\/b> the formal assertion of such a right [bringing a in the district court]
b<\/b> :<\/b> cause of action <\/a> [a plaintiff stated a against a seller of applesauce when she alleged that her children…ate the applesauce…and were then so discomforted that they had to have their stomachs pumped “J. J. White and R. S. Summers”] see also res judicata<\/a> NOTE: A cause of action may encompass more than one claim as the term is used in sense 3a. Claim<\/i> is often used to mean cause of action<\/i>, however, esp. in modern federal practice. <\/i>
c<\/b> :<\/b> a right to payment or to an equitable remedy as set forth in the Bankruptcy Code see also proof of claim<\/a>
4<\/b> :<\/b> a formal assertion made by an applicant for a patent of the novelty and patentability of an invention with a description of the invention and its purpose
claim vt<\/i>
<\/b><\/i><\/p>\n<\/dd>\n<\/dl>\n

Source: Merriam-Webster’s Dictionary of Law \u00a91996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.<\/div>\n<\/div>\n
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Related Terms from the Bankruptcy and Debt Law Glossary<\/h2>\n\t\n\t
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