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Ukraine flagSashaProfessional Teacher
the process of going to court to have something decided officially by law Hello! I was told that the process of going to court to have something decided officially by law is called a claim. Like in 'to make a claim against smb'. I came across only two terms 'lawsuit' and 'legal action'. My question is this in what context do you use the word 'claim' in legal terms? Should I use 'lawsuit' rather than a 'claim'? Thank you!

Answers · 4

1
You sue somebody (or file a lawsuit against somebody) if your claim is not resolved. He’s claiming damages for breach of contract. He’s making a claim against his supplier for breach of contract. He has a claim against the insurance company. Our firm helps people make disability claims. The first two examples could precede a lawsuit but could also be said to be part of a lawsuit already filed. You might be able to tell from the context. To be clear, you could use “took legal action”, “sued”, “filed a lawsuit” or “took someone to court”. The other two examples wouldn’t typically end up in court, but are alternate uses of “claim” with the same meaning.
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Sasha, all three terms are interchangeable. Only the sentence structure and context would differ. Examples: I am taking legal action against him for ..... I am making a claim against him with regard to.... I have a lawsuit against him in the matter of..... My claim is coming up in court today. ((Never legal action in this kind of context) My lawsuit is coming up/ due in court today. I trust this helps a bit.
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Hello there, I am a lawyer working in Australia! The context in which you would use the word “claim” and “lawsuit” are interchangeable usually, but it depends on the type of legal proceeding. For example, in a civil action you can usually use both terms interchangeably because the “Plaintiff” has brought the action or “claim” against the Defendant. This would not, however, apply in a criminal law matter as no “claim” is being brought. Rather, the Prosecution are prosecuting an accused. I hope this answers your question! Monique
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Hello Sasha, I'd say: I have a court hearing tomorrow. I have a hearing at the court tomorrow. I have a hearing for my lawsuit at the court tomorrow. I have a hearing tomorrow at the court in which I'll make a claim. I hope I answered your question. Good luck :)

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