What is the difference between a claim and a defense in a business litigation case?

A claim and a defense are two different aspects of a business litigation case. A claim is a statement from one party accusing another of wrongdoing. The party making the claim is called the plaintiff. The party the claim is made against is called the defendant. A defense is the response of the defendant to the claim made by the plaintiff. The defense may deny the wrongdoing or try to mitigate the severity of the accusation. In a business litigation case, both the plaintiff and the defendant may make claims and defenses as they dispute the accusations. The claims and defenses are then weighed in terms of the evidence presented and decided in court. The primary difference between a claim and a defense in a business litigation case in Virginia is that a claim is an accusation from one party against another, while a defense is a response from the defendant to the claim. Although the plaintiff and the defendant may both make claims and defenses, the jury or judge makes the final determination.

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