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Logical Relationship – Civil Procedure II Outline

Civil Procedure II

Logical Relationship


The majority uses the logical relationship test, which states that a claim and counterclaim arise from the same transaction when there is a logical relationship between them.

A "logical relationship" exists when the counterclaim arises from the same "aggregate of operative facts" in that the same operative facts serve as the basis of both claims or the aggregate core of facts upon which the claim rests activates additional legal rights, otherwise dormant, in the defendant. Plant v. Blazer Financial Services.