Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
-Linda files a suit against Kate. Kate denies Linda's charges and sets forth her own claim that Linda breached their contract and owes Kate money for the breach. This is
A) an affirmative defense.
B) a counterclaim.
C) a crossclaim.
D) an irrelevant response.

Question

Fact Pattern 3-B1 
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
-Linda files a suit against Kate. Kate denies Linda's charges and sets forth her own claim that Linda breached their contract and owes Kate money for the breach. This is
A) an affirmative defense.
B) a counterclaim.
C) a crossclaim.
D) an irrelevant response.

Quizplus · Accepted Answer

A counterclaim is a claim made by a defendant in response to a plaintiff's complaint. In this scenario, Kate is the defendant and is making a claim (that Linda breached their contract and owes her money) in response to Linda's lawsuit. This is a counterclaim, not an affirmative defense (which would be a defense to Linda's charges) or a crossclaim (which would involve a claim against a co-defendant). It is also not irrelevant.