Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Counterclaims:Res judicata is generally not applied to

Customer Question
potential counterclaims by defendants, so...
Counterclaims:Res judicata is generally not applied to potential counterclaims by defendants, so defendants are not necessarily barred from raising a counterclaim in future litigation. However, remember that all counterclaims must conform to FRCP Rule 13(e).This rule applies to defendants and plaintiffs correct.
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
1/24/2016
Criminal Lawyer: Peter Griesch,
 replied 2 years ago
Peter Griesch
Category: Criminal Law
Satisfied Customers: 324
Experience: Tax Counsel at AIG, Inc.
Verified

If a defendant raised a claim in a matter, and that claim was litigated, the defendant could be barred from raising against the same party in a future action.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
e) COUNTERCLAIM MATURING OR ACQUIRED AFTER PLEADING. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.
Does this portion of Res Judiciate benefit a plaintiff. In opposition to
Counterclaims:Res judicata is generally not applied to potential counterclaims by defendants, so defendants are not necessarily barred from raising a counterclaim in future litigation. However, remember that all counterclaims must conform to
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

I don't understand what you're asking.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
FCRP 13(e)e) COUNTERCLAIM MATURING OR ACQUIRED AFTER PLEADING. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.
Does the oppose a request to dismiss under res jurisdata
Customer reply replied 2 years ago
As there has been new evidence discovered.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,427
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as your previous contributor had to leave.
Res judicata applies only to claims that have already been decided upon. If there is new evidence that has been discovered on a matter that has already been decided upon in a previous court ruling, then the proper means to address that is by filing a motion to vacate the decision based on the newly discovered evidence.
Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 124,427
124,427 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My spouse signed my name on a loan electronically, without
My spouse signed my name on a loan electronically, without my awareness or permission. In fact, I was against the purchase. We are divorcing, and I do not want to be liable for the loan, nor do I want… read more
Linda Roch
Linda Roch
Attorney
Doctoral Degree
529 satisfied customers
How do I get a no contact order lifted I am on probation and
How do I get a no contact order lifted? I am on probation and it is on my boyfriend. We run a home based business together and it is in jepordy because, he can't come home and work. We have no other i… read more
Nate
Nate
Lawyer
Juris Doctor
1,736 satisfied customers
Shoplifting caught on camera. Can they arrest me?
I stole some stuff from JCPenny but I was not caught, but I think they saw me on the camera recorded. They doubt that I was stealing but they did not catch me. Can they arrest me out of the store?? Wh… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
Help Police came to my house and told me to come into the
Help? Police came to my house and told me to come into the station in the next couple of days to discuss a shoplifting incident at a grocery store. And the officer took a picture of me before they lef… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
I was contacted by a detective to give a statement about a
I was contacted by a detective to give a statement about a loan a client did of mine. I need to go to the station of Thursday afternoon, should I take an attorney with me. I didn't go the loan but I t… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
How can I find out if i have a warrant by myself
How can I find out if i have a warrant by myself?… read more
DPerezLaw
DPerezLaw
Attorney
Doctoral Degree
42 satisfied customers
Im currently on probation. if my ex files a restraining
im currently on probation. if my ex files a restraining order against me, will it revoke my probation?… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Is it possible to get off of the sex offender registry list
Is it possible to get off of the sex offender registry list if you are not dangerous at all if not can you petition and atleast try to the court?… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
can a sex offender be alone with their own children at any
can a sex offender be alone with their own children at any time.… read more
Meigs
Meigs
Attorney
Doctoral Degree
1,311 satisfied customers
Can you answer to a first amended petition so that it'll be
Can you answer to a first amended petition so that it'll be timely, without just yet providing your own first amended petition? You can file your first amended petition singly if you choose, right?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
1. I'm issuing a summon right now and as fed.R.civ.P 4(1) I
1. Hello I'm issuing a summon right now and as fed.R.civ.P 4(1) I need to state the date and time when the defendant will appear in court and defending themselves. I was just wondering if I just state… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am pro se plaintiff in a civil federal case in Texas. I
I am pro se plaintiff in a civil federal case in Texas. I have a criminal background 25 years ago. Defense has raised this record in disclosures and counterclaims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
After the conclusion of a defamation case where my complaint
After the conclusion of a defamation case where my complaint was dismissed due to lack of jurisdiction, I wrote a brief note to the attorney who represented the two defendants pro bono.(I was the pro … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
i sold a used car in nj as a consumer on 7/25/10, to a guy
i sold a used car in nj as a consumer on 7/25/10, to a guy from albany ,ny.it was listed on e-bay and sold as, is where is, with no warranites,guarantees no refunds.the buyer signed the listing spelli… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
I filed a civil rights lawsuit on 1-4-11. Could you tell me
I filed a civil rights lawsuit on 1-4-11. Could you tell me if anyone reads the complaint or does it just stay at the clerks office until I serve on the Defendants? Also how long after I filed the com… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,920 satisfied customers
I recieved a letter form the state attorneys office saying
I recieved a letter form the state attorneys office saying that all charges for this case have been dropped dur to plaintiff not wanting to press charges and a lack of evidence. I called the SA to ver… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
What do I have to do to file criminal proceedings.
A police investigation has determined that a 13 year old had fired a BB gun and broke my car window. This allegation is supported by 2 witnesses. No restitution has been offered. I want to prosecute t… read more
soloprac
soloprac
Attorney
Doctoral Degree
662 satisfied customers
Recently, i file a civil suit against Fordyce Police ...
Recently, i file a civil suit against Fordyce Police Department for damages that had been done to my car while they had taken it for a criminal case in which i was found not guilty. The police chief s… read more
jamest
jamest
High School or GED
194 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x