What differentiates a "claim" from a "defense" in civil procedure?

A claim in civil procedure fundamentally represents an assertion of a right by one party against another, essentially laying out the basis for seeking relief or remedy under the law. When a party files a claim, they are stating what they believe they are entitled to based on the facts and legal principles. Conversely, a defense arises in response to a claim, aiming to counter or negate the claim made by the opposing party. In this context, the defense does not assert a new right but rather seeks to demonstrate that the claim being made is unfounded or unmerited.

This crucial distinction helps to clarify the roles of the parties in civil litigation: the claimant seeks to establish their right or entitlement through their claim, while the defendant aims to refute or defeat that assertion through a defense. Understanding this differentiation is essential in grasping the procedural dynamics of civil claims and defenses, which are foundational concepts in civil practice and procedure.

In contrast, the other options do not accurately capture the essence of the differentiation between claims and defenses. Claims and defenses are not merely responses or assertions; they are distinct functions within the legal argument framework. They also do not strictly relate to case facts or procedural elements, nor is the involvement of witnesses or judges a distinguishing factor between the two.