what is the counterclaim in an argument essay

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How to write a Counterclaim Paragraph, Sentence or Rebuttal

• by Joseph Kenas
• January 18, 2024

If you are writing an argumentative essay, you will find yourself including counterclaims. In this guide, we guide you on how to write a good counterclaim in an essay and how to frame your counterclaim sentence and paragraph in rebuttal.

Counterclaims are mostly included in an argumentative essay where you are required to convince your readers to agree with your arguments and point of view concerning the topic in question. 

What is a Counterclaim in an Essay?

A counterclaim can be regarded as the argument or arguments that oppose the thesis statement in your essay. Within the introduction, you introduce the topic and create a thesis statement in the last sentence that makes it clear to your audience the point(s) you want to prove and the strategy you will use to prove it. 

The counterclaim demonstrates to the reader that you have put into consideration the perspectives of the opposing side and you find such perspectives to be weak.

As such, a counterclaim will allow you to respond to the potential arguments of your readers before they complete reading the essay.

Additionally, a counterclaim demonstrates that both sides of the debate have been put into consideration, hence strengthening your position. 

Difference Between a Claim and a Counterclaim

There is a big difference between a claim and a counterclaim. When writing essays, one may need to include both in the same essay, especially when presenting an argumentative topic.

The difference between a claim and a counterclaim lies in their assertion. A claim is a statement that demonstrates the position of argument or the assertion of a fact or a truth. On the other hand, a counterclaim is an argument that negates a specific claim by rebutting it. While a claim asserts the writer’s argument, a counterclaim rebuts.

When writing an essay, particularly an argumentative essay, you will have a topic and a thesis statement that will show the readers the points you are going to prove and how you will prove them.

Most of your paper will be dedicated to proving your claim to the reader so that they can agree with your point of view. 

A good claim should be arguable and at times controversial to allow the readers to think otherwise about your perspectives as the writer.

It can also come up with their interpretations concerning the topic.

Because of this, the essay will be based on the claim and you will demonstrate why your claim is accepted. On the other hand, a counterclaim is a statement of opposition that will allow the readers to perceive the whole picture of the arguments.

Though this is the case, the counterclaim demonstrates that the writer has anticipated arguments against their claim and has provided proof, through the counterclaim, that the readers’ perspectives are false or weak. 

As such, when the counterclaim is stated, it is addressed concerning its weaknesses or limitations. This enhances the claim’s strength.  

How to Write a Good Counterclaim in an Essay

If you wish to write a good counterclaim, make sure that it takes the form of two stages.

The first stage is where you go against your claim or argument so that you can challenge it and the second stage is where you turn back to your claim or argument to re-affirm it.

When writing a good counterclaim, you imagine that some of your readers will be skeptical and you have to make them agree with you. 

For example, if you want to present a counterclaim showing that there was a problem with how you demonstrated your claims, like an unwarranted assumption, certain evidence was played down or ignored, and so on, you can support the counterclaim by presenting the disadvantages or drawbacks of the issues with the presentation. Then, give an alternative proposal or alternative that would make more sense to the readers.

To refute the counterclaim, you announce with words like ‘yet’, ‘but’, ‘however’, ‘still’, or ‘nevertheless’ to indicate that you are about to show why the counterclaim is wrong. Acknowledge that it is a good claim but demonstrate that yours might help the argument more. 

Where to Write a Counterclaim in an Essay

A counterclaim can be included anywhere within the body of the essay except the conclusion. There are some cases where you can write a counterclaim at the second last sentence of the introduction paragraph followed by the thesis statement which acts as the refutation.

You can also write a counterargument after the introduction to show the anticipated reaction to your point of view before moving forward with writing your actual claims. 

Moving forward, the reason why you cannot place the counterclaim within the conclusion is that you have to include a rebuttal paragraph or statements after you have written the counterclaim. Therefore, a counterclaim located at the conclusion will miss the rebuttal paragraph or statements. 

However, argumentative essays can take different structures. Even though such essays will have a basic structure of an introduction, body paragraphs, and a conclusion, the differences will occur within the body paragraphs. Such differences dictate where the counterclaim(s) are located. 

There is a structure where the counterclaims are located within all the body paragraphs. In this case, you will write your claim, followed by a counterclaim, and then a rebuttal. This means that for every claim you present to support your thesis, there will be a counterclaim and a rebuttal.

The most common structure is where you present your claims and present the counterclaim(s) before the conclusion. The counterclaim is immediately followed by a rebuttal.

Dos and Don’ts of Writing a Counterclaim

When it comes to the dos of writing a counterclaim, always ensure that it is followed by a rebuttal to demonstrate that your claims are superior to it. Secondly, courteously present your counterclaims to avoid upsetting the reader.

Acknowledge the anticipated arguments from the readers.

Demonstrate that the readers’ points of view are valid but your perspective makes more sense.

Finally, appeal to the logic of the readers through the use of valid evidence.

Concerning the don’ts when writing a counterclaim, do not include a counterargument just for the sake of it.

Make sure that the counterargument is valid in its own right and it is verifiable through evidence.

This is because your readers will also use logic and evidence when thinking about your claims. Secondly, do not use a disrespectful or uncourteous tone when addressing the other side of the argument. 

Examples of Counterclaims

A counterclaim in a separate paragraph.

Counterclaim:  “Opponents argue that after-school sports can increase the likelihood of sports-related injuries (Bancroft, 2018). Even minor injuries sustained from participation in after-school sports increase absent rates and the expense of creating injury reports for students (Sizemore, 2019)” . 

Refutation:  “Although students do suffer both serious and minor injuries in after-school sports, these injuries are quite rare (Kinney, 2016) . 

Embedded Within a Paragraph

“Without free after-school sports programs, many students would still play sports without adult supervision and even more injuries would result”.   Counterclaim :  “However, some people would argue that after-school sports can increase the likelihood of sports-related injuries (Sizemore 2019)”.   Refutation:   “Although students do suffer both serious and minor injuries in after-school sports, without school-sponsored sports, the likelihood of more injuries from less supervised recreational leagues or privately sponsored leagues with fewer safety regulations would be much worse” .

How Long Should a Counterclaim Be?

A counterclaim can be as long as a paragraph if it appears after the introduction paragraph or at the end of the body before the conclusion. However, if a counterclaim is located within a paragraph, it can be a few sentences long (2-3). 

However, the length of a counterclaim depends on the length of a claim in general. You can learn more about how to write a claim paragraph in that guide so that you can learn the two in general.

How many Counterclaims can you Put?

This depends on the structure of the essay. If the counterclaim appears after the introduction or before the conclusion, then it will only be one. However, if it is embedded within paragraphs, then they will be as many as the supportive augments.

This is because they will be used to refute every claim made within the body paragraph. If your supporting claims are 5 then the counterclaims will be 5 and so on. 

Check out how to write college essays in our guide that we hope will lead you to score well.

Joseph is a freelance journalist and a part-time writer with a particular interest in the gig economy. He writes about schooling, college life, and changing trends in education. When not writing, Joseph is hiking or playing chess.

When you write an academic essay, you make an argument: you propose a thesis and offer some reasoning, using evidence, that suggests why the thesis is true. When you counter-argue, you consider a possible argument  against  your thesis or some aspect of your reasoning. This is a good way to test your ideas when drafting, while you still have time to revise them. And in the finished essay, it can be a persuasive and (in both senses of the word) disarming tactic. It allows you to anticipate doubts and pre-empt objections that a skeptical reader might have; it presents you as the kind of person who weighs alternatives before arguing for one, who confronts difficulties instead of sweeping them under the rug, who is more interested in discovering the truth than winning a point.

Not every objection is worth entertaining, of course, and you shouldn't include one just to include one. But some imagining of other views, or of resistance to one's own, occurs in most good essays. And instructors are glad to encounter counterargument in student papers, even if they haven't specifically asked for it.

The Turn Against

Counterargument in an essay has two stages: you turn against your argument to challenge it and then you turn back to re-affirm it. You first imagine a skeptical reader, or cite an actual source, who might resist your argument by pointing out

• a problem with your demonstration, e.g., that a different conclusion could be drawn from the same facts, a key assumption is unwarranted, a key term is used unfairly, certain evidence is ignored or played down;
• one or more disadvantages or practical drawbacks to what you propose;
• an alternative explanation or proposal that makes more sense.

You introduce this turn against with a phrase like  One might object here that...  or  It might seem that...  or  It's true that...  or  Admittedly,...  or  Of course,...  or with an anticipated challenging question:  But how...?  or  But why...?  or  But isn't this just...?  or  But if this is so, what about...?  Then you state the case against yourself as briefly but as clearly and forcefully as you can, pointing to evidence where possible. (An obviously feeble or perfunctory counterargument does more harm than good.)

The Turn Back

Your return to your own argument—which you announce with a  but, yet, however, nevertheless or still —must likewise involve careful reasoning, not a flippant (or nervous) dismissal. In reasoning about the proposed counterargument, you may

• refute it, showing why it is mistaken—an apparent but not real problem;
• acknowledge its validity or plausibility, but suggest why on balance it's relatively less important or less likely than what you propose, and thus doesn't overturn it;
• concede its force and complicate your idea accordingly—restate your thesis in a more exact, qualified, or nuanced way that takes account of the objection, or start a new section in which you consider your topic in light of it. This will work if the counterargument concerns only an aspect of your argument; if it undermines your whole case, you need a new thesis.

Where to Put a Counterargument

Counterargument can appear anywhere in the essay, but it most commonly appears

• as part of your introduction—before you propose your thesis—where the existence of a different view is the motive for your essay, the reason it needs writing;
• as a section or paragraph just after your introduction, in which you lay out the expected reaction or standard position before turning away to develop your own;
• as a quick move within a paragraph, where you imagine a counterargument not to your main idea but to the sub-idea that the paragraph is arguing or is about to argue;
• as a section or paragraph just before the conclusion of your essay, in which you imagine what someone might object to what you have argued.

But watch that you don't overdo it. A turn into counterargument here and there will sharpen and energize your essay, but too many such turns will have the reverse effect by obscuring your main idea or suggesting that you're ambivalent.

Counterargument in Pre-Writing and Revising

Good thinking constantly questions itself, as Socrates observed long ago. But at some point in the process of composing an essay, you need to switch off the questioning in your head and make a case. Having such an inner conversation during the drafting stage, however, can help you settle on a case worth making. As you consider possible theses and begin to work on your draft, ask yourself how an intelligent person might plausibly disagree with you or see matters differently. When you can imagine an intelligent disagreement, you have an arguable idea.

And, of course, the disagreeing reader doesn't need to be in your head: if, as you're starting work on an essay, you ask a few people around you what  they  think of topic X (or of your idea about X) and keep alert for uncongenial remarks in class discussion and in assigned readings, you'll encounter a useful disagreement somewhere. Awareness of this disagreement, however you use it in your essay, will force you to sharpen your own thinking as you compose. If you come to find the counterargument truer than your thesis, consider making  it  your thesis and turning your original thesis into a counterargument. If you manage to draft an essay  without  imagining a counterargument, make yourself imagine one before you revise and see if you can integrate it.

Gordon Harvey (adapted from The Academic Essay: A Brief Anatomy), for the Writing Center at Harvard University

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Organizing Your Argument

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How can I effectively present my argument?

In order for your argument to be persuasive, it must use an organizational structure that the audience perceives as both logical and easy to parse. Three argumentative methods —the  Toulmin Method , Classical Method , and Rogerian Method — give guidance for how to organize the points in an argument.

Note that these are only three of the most popular models for organizing an argument. Alternatives exist. Be sure to consult your instructor and/or defer to your assignment’s directions if you’re unsure which to use (if any).

Toulmin Method

The  Toulmin Method  is a formula that allows writers to build a sturdy logical foundation for their arguments. First proposed by author Stephen Toulmin in  The Uses of Argument (1958), the Toulmin Method emphasizes building a thorough support structure for each of an argument's key claims.

The basic format for the Toulmin Method  is as follows:

Claim:  In this section, you explain your overall thesis on the subject. In other words, you make your main argument.

Data (Grounds):  You should use evidence to support the claim. In other words, provide the reader with facts that prove your argument is strong.

Warrant (Bridge):  In this section, you explain why or how your data supports the claim. As a result, the underlying assumption that you build your argument on is grounded in reason.

Backing (Foundation):  Here, you provide any additional logic or reasoning that may be necessary to support the warrant.

Counterclaim:  You should anticipate a counterclaim that negates the main points in your argument. Don't avoid arguments that oppose your own. Instead, become familiar with the opposing perspective.   If you respond to counterclaims, you appear unbiased (and, therefore, you earn the respect of your readers). You may even want to include several counterclaims to show that you have thoroughly researched the topic.

Rebuttal:  In this section, you incorporate your own evidence that disagrees with the counterclaim. It is essential to include a thorough warrant or bridge to strengthen your essay’s argument. If you present data to your audience without explaining how it supports your thesis, your readers may not make a connection between the two, or they may draw different conclusions.

Example of the Toulmin Method:

Claim:  Hybrid cars are an effective strategy to fight pollution.

Data1:  Driving a private car is a typical citizen's most air-polluting activity.

Warrant 1:  Due to the fact that cars are the largest source of private (as opposed to industrial) air pollution, switching to hybrid cars should have an impact on fighting pollution.

Data 2:  Each vehicle produced is going to stay on the road for roughly 12 to 15 years.

Warrant 2:  Cars generally have a long lifespan, meaning that the decision to switch to a hybrid car will make a long-term impact on pollution levels.

Data 3:  Hybrid cars combine a gasoline engine with a battery-powered electric motor.

Warrant 3:  The combination of these technologies produces less pollution.

Counterclaim:  Instead of focusing on cars, which still encourages an inefficient culture of driving even as it cuts down on pollution, the nation should focus on building and encouraging the use of mass transit systems.

Rebuttal:  While mass transit is an idea that should be encouraged, it is not feasible in many rural and suburban areas, or for people who must commute to work. Thus, hybrid cars are a better solution for much of the nation's population.

Rogerian Method

The Rogerian Method  (named for, but not developed by, influential American psychotherapist Carl R. Rogers) is a popular method for controversial issues. This strategy seeks to find a common ground between parties by making the audience understand perspectives that stretch beyond (or even run counter to) the writer’s position. Moreso than other methods, it places an emphasis on reiterating an opponent's argument to his or her satisfaction. The persuasive power of the Rogerian Method lies in its ability to define the terms of the argument in such a way that:

• your position seems like a reasonable compromise.
• you seem compassionate and empathetic.

The basic format of the Rogerian Method  is as follows:

Introduction:  Introduce the issue to the audience, striving to remain as objective as possible.

Opposing View : Explain the other side’s position in an unbiased way. When you discuss the counterargument without judgement, the opposing side can see how you do not directly dismiss perspectives which conflict with your stance.

Statement of Validity (Understanding):  This section discusses how you acknowledge how the other side’s points can be valid under certain circumstances. You identify how and why their perspective makes sense in a specific context, but still present your own argument.

Statement of Your Position:  By this point, you have demonstrated that you understand the other side’s viewpoint. In this section, you explain your own stance.

Statement of Contexts : Explore scenarios in which your position has merit. When you explain how your argument is most appropriate for certain contexts, the reader can recognize that you acknowledge the multiple ways to view the complex issue.

Statement of Benefits:  You should conclude by explaining to the opposing side why they would benefit from accepting your position. By explaining the advantages of your argument, you close on a positive note without completely dismissing the other side’s perspective.

Example of the Rogerian Method:

Introduction:  The issue of whether children should wear school uniforms is subject to some debate.

Opposing View:  Some parents think that requiring children to wear uniforms is best.

Statement of Validity (Understanding):  Those parents who support uniforms argue that, when all students wear the same uniform, the students can develop a unified sense of school pride and inclusiveness.

Statement of Your Position : Students should not be required to wear school uniforms. Mandatory uniforms would forbid choices that allow students to be creative and express themselves through clothing.

Statement of Contexts:  However, even if uniforms might hypothetically promote inclusivity, in most real-life contexts, administrators can use uniform policies to enforce conformity. Students should have the option to explore their identity through clothing without the fear of being ostracized.

Statement of Benefits:  Though both sides seek to promote students' best interests, students should not be required to wear school uniforms. By giving students freedom over their choice, students can explore their self-identity by choosing how to present themselves to their peers.

Classical Method

The Classical Method of structuring an argument is another common way to organize your points. Originally devised by the Greek philosopher Aristotle (and then later developed by Roman thinkers like Cicero and Quintilian), classical arguments tend to focus on issues of definition and the careful application of evidence. Thus, the underlying assumption of classical argumentation is that, when all parties understand the issue perfectly, the correct course of action will be clear.

The basic format of the Classical Method  is as follows:

Introduction (Exordium): Introduce the issue and explain its significance. You should also establish your credibility and the topic’s legitimacy.

Statement of Background (Narratio): Present vital contextual or historical information to the audience to further their understanding of the issue. By doing so, you provide the reader with a working knowledge about the topic independent of your own stance.

Proposition (Propositio): After you provide the reader with contextual knowledge, you are ready to state your claims which relate to the information you have provided previously. This section outlines your major points for the reader.

Proof (Confirmatio): You should explain your reasons and evidence to the reader. Be sure to thoroughly justify your reasons. In this section, if necessary, you can provide supplementary evidence and subpoints.

Refutation (Refuatio): In this section, you address anticipated counterarguments that disagree with your thesis. Though you acknowledge the other side’s perspective, it is important to prove why your stance is more logical.  

Conclusion (Peroratio): You should summarize your main points. The conclusion also caters to the reader’s emotions and values. The use of pathos here makes the reader more inclined to consider your argument.  

Example of the Classical Method:  

Introduction (Exordium): Millions of workers are paid a set hourly wage nationwide. The federal minimum wage is standardized to protect workers from being paid too little. Research points to many viewpoints on how much to pay these workers. Some families cannot afford to support their households on the current wages provided for performing a minimum wage job .

Statement of Background (Narratio): Currently, millions of American workers struggle to make ends meet on a minimum wage. This puts a strain on workers’ personal and professional lives. Some work multiple jobs to provide for their families.

Proposition (Propositio): The current federal minimum wage should be increased to better accommodate millions of overworked Americans. By raising the minimum wage, workers can spend more time cultivating their livelihoods.

Proof (Confirmatio): According to the United States Department of Labor, 80.4 million Americans work for an hourly wage, but nearly 1.3 million receive wages less than the federal minimum. The pay raise will alleviate the stress of these workers. Their lives would benefit from this raise because it affects multiple areas of their lives.

Refutation (Refuatio): There is some evidence that raising the federal wage might increase the cost of living. However, other evidence contradicts this or suggests that the increase would not be great. Additionally,   worries about a cost of living increase must be balanced with the benefits of providing necessary funds to millions of hardworking Americans.

Conclusion (Peroratio): If the federal minimum wage was raised, many workers could alleviate some of their financial burdens. As a result, their emotional wellbeing would improve overall. Though some argue that the cost of living could increase, the benefits outweigh the potential drawbacks.

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Counter Argument

One way to strengthen your argument and demonstrate a comprehensive understanding of the issue you are discussing is to anticipate and address counter arguments, or objections. By considering opposing views, you show that you have thought things through, and you dispose of some of the reasons your audience might have for not accepting your argument. Ask yourself what someone who disagrees with you might say in response to each of the points you’ve made or about your position as a whole.

If you can’t immediately imagine another position, here are some strategies to try:

• Do some research. It may seem to you that no one could possibly disagree with the position you are taking, but someone probably has. Look around to see what stances people have and do take on the subject or argument you plan to make, so that you know what environment you are addressing.
• Talk with a friend or with your instructor. Another person may be able to play devil’s advocate and suggest counter arguments that haven’t occurred to you.
• Consider each of your supporting points individually. Even if you find it difficult to see why anyone would disagree with your central argument, you may be able to imagine more easily how someone could disagree with the individual parts of your argument. Then you can see which of these counter arguments are most worth considering. For example, if you argued “Cats make the best pets. This is because they are clean and independent,” you might imagine someone saying “Cats do not make the best pets. They are dirty and demanding.”

Once you have considered potential counter arguments, decide how you might respond to them: Will you concede that your opponent has a point but explain why your audience should nonetheless accept your argument? Or will you reject the counterargument and explain why it is mistaken? Either way, you will want to leave your reader with a sense that your argument is stronger than opposing arguments.

Two strategies are available to incorporate counter arguments into your essay:

Refutation:

Refutation seeks to disprove opposing arguments by pointing out their weaknesses. This approach is generally most effective if it is not hostile or sarcastic; with methodical, matter-of-fact language, identify the logical, theoretical, or factual flaws of the opposition.

For example, in an essay supporting the reintroduction of wolves into western farmlands, a writer might refute opponents by challenging the logic of their assumptions:

Although some farmers have expressed concern that wolves might pose a threat to the safety of sheep, cattle, or even small children, their fears are unfounded. Wolves fear humans even more than humans fear wolves and will trespass onto developed farmland only if desperate for food. The uninhabited wilderness that will become the wolves’ new home has such an abundance of food that there is virtually no chance that these shy animals will stray anywhere near humans.

Here, the writer acknowledges the opposing view (wolves will endanger livestock and children) and refutes it (the wolves will never be hungry enough to do so).

Accommodation:

Accommodation acknowledges the validity of the opposing view, but argues that other considerations outweigh it. In other words, this strategy turns the tables by agreeing (to some extent) with the opposition.

For example, the writer arguing for the reintroduction of wolves might accommodate the opposing view by writing:

Critics of the program have argued that reintroducing wolves is far too expensive a project to be considered seriously at this time. Although the reintroduction program is costly, it will only become more costly the longer it is put on hold. Furthermore, wolves will help control the population of pest animals in the area, saving farmers money on extermination costs. Finally, the preservation of an endangered species is worth far more to the environment and the ecological movement than the money that taxpayers would save if this wolf relocation initiative were to be abandoned.

This writer acknowledges the opposing position (the program is too expensive), agrees (yes, it is expensive), and then argues that despite the expense the program is worthwhile.

Some Final Hints

Don’t play dirty. When you summarize opposing arguments, be charitable. Present each argument fairly and objectively, rather than trying to make it look foolish. You want to convince your readers that you have carefully considered all sides of the issues and that you are not simply attacking or caricaturing your opponents.

Sometimes less is more. It is usually better to consider one or two serious counter arguments in some depth, rather than to address every counterargument.

Keep an open mind. Be sure that your reply is consistent with your original argument. Careful consideration of counter arguments can complicate or change your perspective on an issue. There’s nothing wrong with adopting a different perspective or changing your mind, but if you do, be sure to revise your thesis accordingly.

What this handout is about

This handout will define what an argument is and explain why you need one in most of your academic essays.

Arguments are everywhere

You may be surprised to hear that the word “argument” does not have to be written anywhere in your assignment for it to be an important part of your task. In fact, making an argument—expressing a point of view on a subject and supporting it with evidence—is often the aim of academic writing. Your instructors may assume that you know this and thus may not explain the importance of arguments in class.

Most material you learn in college is or has been debated by someone, somewhere, at some time. Even when the material you read or hear is presented as a simple fact, it may actually be one person’s interpretation of a set of information. Instructors may call on you to examine that interpretation and defend it, refute it, or offer some new view of your own. In writing assignments, you will almost always need to do more than just summarize information that you have gathered or regurgitate facts that have been discussed in class. You will need to develop a point of view on or interpretation of that material and provide evidence for your position.

Consider an example. For nearly 2000 years, educated people in many Western cultures believed that bloodletting—deliberately causing a sick person to lose blood—was the most effective treatment for a variety of illnesses. The claim that bloodletting is beneficial to human health was not widely questioned until the 1800s, and some physicians continued to recommend bloodletting as late as the 1920s. Medical practices have now changed because some people began to doubt the effectiveness of bloodletting; these people argued against it and provided convincing evidence. Human knowledge grows out of such differences of opinion, and scholars like your instructors spend their lives engaged in debate over what claims may be counted as accurate in their fields. In their courses, they want you to engage in similar kinds of critical thinking and debate.

Argumentation is not just what your instructors do. We all use argumentation on a daily basis, and you probably already have some skill at crafting an argument. The more you improve your skills in this area, the better you will be at thinking critically, reasoning, making choices, and weighing evidence.

Making a claim

What is an argument? In academic writing, an argument is usually a main idea, often called a “claim” or “thesis statement,” backed up with evidence that supports the idea. In the majority of college papers, you will need to make some sort of claim and use evidence to support it, and your ability to do this well will separate your papers from those of students who see assignments as mere accumulations of fact and detail. In other words, gone are the happy days of being given a “topic” about which you can write anything. It is time to stake out a position and prove why it is a good position for a thinking person to hold. See our handout on thesis statements .

Claims can be as simple as “Protons are positively charged and electrons are negatively charged,” with evidence such as, “In this experiment, protons and electrons acted in such and such a way.” Claims can also be as complex as “Genre is the most important element to the contract of expectations between filmmaker and audience,” using reasoning and evidence such as, “defying genre expectations can create a complete apocalypse of story form and content, leaving us stranded in a sort of genre-less abyss.” In either case, the rest of your paper will detail the reasoning and evidence that have led you to believe that your position is best.

When beginning to write a paper, ask yourself, “What is my point?” For example, the point of this handout is to help you become a better writer, and we are arguing that an important step in the process of writing effective arguments is understanding the concept of argumentation. If your papers do not have a main point, they cannot be arguing for anything. Asking yourself what your point is can help you avoid a mere “information dump.” Consider this: your instructors probably know a lot more than you do about your subject matter. Why, then, would you want to provide them with material they already know? Instructors are usually looking for two things:

• Proof that you understand the material
• A demonstration of your ability to use or apply the material in ways that go beyond what you have read or heard.

This second part can be done in many ways: you can critique the material, apply it to something else, or even just explain it in a different way. In order to succeed at this second step, though, you must have a particular point to argue.

Arguments in academic writing are usually complex and take time to develop. Your argument will need to be more than a simple or obvious statement such as “Frank Lloyd Wright was a great architect.” Such a statement might capture your initial impressions of Wright as you have studied him in class; however, you need to look deeper and express specifically what caused that “greatness.” Your instructor will probably expect something more complicated, such as “Frank Lloyd Wright’s architecture combines elements of European modernism, Asian aesthetic form, and locally found materials to create a unique new style,” or “There are many strong similarities between Wright’s building designs and those of his mother, which suggests that he may have borrowed some of her ideas.” To develop your argument, you would then define your terms and prove your claim with evidence from Wright’s drawings and buildings and those of the other architects you mentioned.

Do not stop with having a point. You have to back up your point with evidence. The strength of your evidence, and your use of it, can make or break your argument. See our handout on evidence . You already have the natural inclination for this type of thinking, if not in an academic setting. Think about how you talked your parents into letting you borrow the family car. Did you present them with lots of instances of your past trustworthiness? Did you make them feel guilty because your friends’ parents all let them drive? Did you whine until they just wanted you to shut up? Did you look up statistics on teen driving and use them to show how you didn’t fit the dangerous-driver profile? These are all types of argumentation, and they exist in academia in similar forms.

Every field has slightly different requirements for acceptable evidence, so familiarize yourself with some arguments from within that field instead of just applying whatever evidence you like best. Pay attention to your textbooks and your instructor’s lectures. What types of argument and evidence are they using? The type of evidence that sways an English instructor may not work to convince a sociology instructor. Find out what counts as proof that something is true in that field. Is it statistics, a logical development of points, something from the object being discussed (art work, text, culture, or atom), the way something works, or some combination of more than one of these things?

Be consistent with your evidence. Unlike negotiating for the use of your parents’ car, a college paper is not the place for an all-out blitz of every type of argument. You can often use more than one type of evidence within a paper, but make sure that within each section you are providing the reader with evidence appropriate to each claim. So, if you start a paragraph or section with a statement like “Putting the student seating area closer to the basketball court will raise player performance,” do not follow with your evidence on how much more money the university could raise by letting more students go to games for free. Information about how fan support raises player morale, which then results in better play, would be a better follow-up. Your next section could offer clear reasons why undergraduates have as much or more right to attend an undergraduate event as wealthy alumni—but this information would not go in the same section as the fan support stuff. You cannot convince a confused person, so keep things tidy and ordered.

Counterargument

One way to strengthen your argument and show that you have a deep understanding of the issue you are discussing is to anticipate and address counterarguments or objections. By considering what someone who disagrees with your position might have to say about your argument, you show that you have thought things through, and you dispose of some of the reasons your audience might have for not accepting your argument. Recall our discussion of student seating in the Dean Dome. To make the most effective argument possible, you should consider not only what students would say about seating but also what alumni who have paid a lot to get good seats might say.

You can generate counterarguments by asking yourself how someone who disagrees with you might respond to each of the points you’ve made or your position as a whole. If you can’t immediately imagine another position, here are some strategies to try:

• Do some research. It may seem to you that no one could possibly disagree with the position you are arguing, but someone probably has. For example, some people argue that a hotdog is a sandwich. If you are making an argument concerning, for example, the characteristics of an exceptional sandwich, you might want to see what some of these people have to say.
• Talk with a friend or with your teacher. Another person may be able to imagine counterarguments that haven’t occurred to you.
• Consider your conclusion or claim and the premises of your argument and imagine someone who denies each of them. For example, if you argued, “Cats make the best pets. This is because they are clean and independent,” you might imagine someone saying, “Cats do not make the best pets. They are dirty and needy.”

Once you have thought up some counterarguments, consider how you will respond to them—will you concede that your opponent has a point but explain why your audience should nonetheless accept your argument? Will you reject the counterargument and explain why it is mistaken? Either way, you will want to leave your reader with a sense that your argument is stronger than opposing arguments.

When you are summarizing opposing arguments, be charitable. Present each argument fairly and objectively, rather than trying to make it look foolish. You want to show that you have considered the many sides of the issue. If you simply attack or caricature your opponent (also referred to as presenting a “straw man”), you suggest that your argument is only capable of defeating an extremely weak adversary, which may undermine your argument rather than enhance it.

It is usually better to consider one or two serious counterarguments in some depth, rather than to give a long but superficial list of many different counterarguments and replies.

Be sure that your reply is consistent with your original argument. If considering a counterargument changes your position, you will need to go back and revise your original argument accordingly.

Audience is a very important consideration in argument. Take a look at our handout on audience . A lifetime of dealing with your family members has helped you figure out which arguments work best to persuade each of them. Maybe whining works with one parent, but the other will only accept cold, hard statistics. Your kid brother may listen only to the sound of money in his palm. It’s usually wise to think of your audience in an academic setting as someone who is perfectly smart but who doesn’t necessarily agree with you. You are not just expressing your opinion in an argument (“It’s true because I said so”), and in most cases your audience will know something about the subject at hand—so you will need sturdy proof. At the same time, do not think of your audience as capable of reading your mind. You have to come out and state both your claim and your evidence clearly. Do not assume that because the instructor knows the material, he or she understands what part of it you are using, what you think about it, and why you have taken the position you’ve chosen.

Critical reading

Critical reading is a big part of understanding argument. Although some of the material you read will be very persuasive, do not fall under the spell of the printed word as authority. Very few of your instructors think of the texts they assign as the last word on the subject. Remember that the author of every text has an agenda, something that he or she wants you to believe. This is OK—everything is written from someone’s perspective—but it’s a good thing to be aware of. For more information on objectivity and bias and on reading sources carefully, read our handouts on evaluating print sources and reading to write .

Take notes either in the margins of your source (if you are using a photocopy or your own book) or on a separate sheet as you read. Put away that highlighter! Simply highlighting a text is good for memorizing the main ideas in that text—it does not encourage critical reading. Part of your goal as a reader should be to put the author’s ideas in your own words. Then you can stop thinking of these ideas as facts and start thinking of them as arguments.

When you read, ask yourself questions like “What is the author trying to prove?” and “What is the author assuming I will agree with?” Do you agree with the author? Does the author adequately defend her argument? What kind of proof does she use? Is there something she leaves out that you would put in? Does putting it in hurt her argument? As you get used to reading critically, you will start to see the sometimes hidden agendas of other writers, and you can use this skill to improve your own ability to craft effective arguments.

Works consulted

We consulted these works while writing this handout. This is not a comprehensive list of resources on the handout’s topic, and we encourage you to do your own research to find additional publications. Please do not use this list as a model for the format of your own reference list, as it may not match the citation style you are using. For guidance on formatting citations, please see the UNC Libraries citation tutorial . We revise these tips periodically and welcome feedback.

Anson, Chris M., and Robert A. Schwegler. 2010. The Longman Handbook for Writers and Readers , 6th ed. New York: Longman.

Booth, Wayne C., Gregory G. Colomb, Joseph M. Williams, Joseph Bizup, and William T. FitzGerald. 2016. The Craft of Research , 4th ed. Chicago: University of Chicago Press.

Ede, Lisa. 2004. Work in Progress: A Guide to Academic Writing and Revising , 6th ed. Boston: Bedford/St Martin’s.

Gage, John T. 2005. The Shape of Reason: Argumentative Writing in College , 4th ed. New York: Longman.

Lunsford, Andrea A., and John J. Ruszkiewicz. 2016. Everything’s an Argument , 7th ed. Boston: Bedford/St Martin’s.

Rosen, Leonard J., and Laurence Behrens. 2003. The Allyn & Bacon Handbook , 5th ed. New York: Longman.

You may reproduce it for non-commercial use if you use the entire handout and attribute the source: The Writing Center, University of North Carolina at Chapel Hill

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• Writing Tips

A Guide to Rebuttals in Argumentative Essays

4-minute read

• 27th May 2023

Rebuttals are an essential part of a strong argument. But what are they, exactly, and how can you use them effectively? Read on to find out.

What Is a Rebuttal?

When writing an argumentative essay , there’s always an opposing point of view. You can’t present an argument without the possibility of someone disagreeing.

Sure, you could just focus on your argument and ignore the other perspective, but that weakens your essay. Coming up with possible alternative points of view, or counterarguments, and being prepared to address them, gives you an edge. A rebuttal is your response to these opposing viewpoints.

How Do Rebuttals Work?

With a rebuttal, you can take the fighting power away from any opposition to your idea before they have a chance to attack. For a rebuttal to work, it needs to follow the same formula as the other key points in your essay: it should be researched, developed, and presented with evidence.

Rebuttals in Action

Suppose you’re writing an essay arguing that strawberries are the best fruit. A potential counterargument could be that strawberries don’t work as well in baked goods as other berries do, as they can get soggy and lose some of their flavor. Your rebuttal would state this point and then explain why it’s not valid:

Read on for a few simple steps to formulating an effective rebuttal.

Step 1. Come up with a Counterargument

A strong rebuttal is only possible when there’s a strong counterargument. You may be convinced of your idea but try to place yourself on the other side. Rather than addressing weak opposing views that are easy to fend off, try to come up with the strongest claims that could be made.

In your essay, explain the counterargument and agree with it. That’s right, agree with it – to an extent. State why there’s some truth to it and validate the concerns it presents.

Step 2. Point Out Its Flaws

Now that you’ve presented a counterargument, poke holes in it . To do so, analyze the argument carefully and notice if there are any biases or caveats that weaken it. Looking at the claim that strawberries don’t work well in baked goods, a weakness could be that this argument only applies when strawberries are baked in a pie.

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Step 3. Present New Points

Once you reveal the counterargument’s weakness, present a new perspective, and provide supporting evidence to show that your argument is still the correct one. This means providing new points that the opposer may not have considered when presenting their claim.

Offering new ideas that weaken a counterargument makes you come off as authoritative and informed, which will make your readers more likely to agree with you.

Summary: Rebuttals

Rebuttals are essential when presenting an argument. Even if a counterargument is stronger than your point, you can construct an effective rebuttal that stands a chance against it.

We hope this guide helps you to structure and format your argumentative essay . And once you’ve finished writing, send a copy to our expert editors. We’ll ensure perfect grammar, spelling, punctuation, referencing, and more. Try it out for free today!

Frequently Asked Questions

What is a rebuttal in an essay.

A rebuttal is a response to a counterargument. It presents the potential counterclaim, discusses why it could be valid, and then explains why the original argument is still correct.

How do you form an effective rebuttal?

To use rebuttals effectively, come up with a strong counterclaim and respectfully point out its weaknesses. Then present new ideas that fill those gaps and strengthen your point.

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How to Write a Counterclaim [Explained Simply!]

Counterclaims are an essential part of a top-notch argumentative essay. After all, they show that you’ve thoroughly researched and considered both sides of the issue before deciding on your particular stance.

There’s just one problem: they can be a little tricky to write without weakening your main argument, as you may already be aware!

That’s why we put together this guide on writing a counterclaim that will only enhance your position in an argumentative essay and not take anything away from it.

By the end of this article, you’ll be writing counterclaims like a pro – and get that grade you deserve on your next paper. Let’s get started!

What Is a Counterclaim in Writing?

Before we get into how to write one, let’s clarify what we mean by “counterclaim.” In writing, a counterclaim is an opposing argument that goes against the thesis statement of a paper.

It shows your audience that you have researched the topic thoroughly by looking into both sides of the issue and that you’re not trying to hide any important information that refutes your thesis.

Not only that, a well-written counterclaim can even help you win over those who don’t agree with your main claim or argument – especially when you make some good points in your rebuttal paragraph (which we will get into as well).

For example, let’s say you’re writing an argumentative essay on the use of cellphones in schools. If your claim is that they should be allowed at all times because they can help support learning, then the counterclaim could be that they’re more distracting than anything else.

How to Write a Counterclaim

The key to excellent argumentative writing is to make your position convincing and clear while acknowledging – not to mention rebutting – the counterarguments. Fortunately, you can break down the process of crafting a great counterclaim into four simple steps:

1. Research, Research, Research

Of course, a thorough understanding of your position on the topic is essential, but you should also have a good grasp of the main arguments of your opponents.

It’s not enough to just know what the arguments are – you need to know why other people feel this way.

For example, going back to our cellphone paper. If one of the main counterclaims is that cellphones are distracting in schools, you need to find out what is driving these opinions. Are there facts to back it up, or is this purely based on anecdotal evidence?

Once you feel like you have a firm grasp on the opposing view, you can move on to the next step.

2. Determine Where to Put the Counterclaim

A well-written essay typically starts with a few introductory sentences to capture the reader’s attention. Next comes the thesis and the claims (backed with plenty of research and evidence, of course).

By this point, your stance on the issue should be clear, so it’s usually safe to start including your counterclaims in the body of the essay.

As to where exactly you should include your counterclaims, two of the best options include the following:

• In the paragraphs. If your paper has several claims you want to counter, then you may address each one in the paragraphs. This is often most effective right after supporting your claims with evidence and arguments.
• Before the conclusion. This is often the preferred place for counterclaims, especially in shorter essays. It’s a good option because your reader should have a firm grasp of your position at this point, so the counterclaims shouldn’t really weaken your main arguments.

Remember that your counterclaim paragraph(s) should be separate from your introduction and conclusion. As long as it’s outside these areas, your counterclaim should be in a perfectly acceptable position in the paper.

3. Figure Out How Long Your Counterclaim Should Be

It isn’t time to start writing yet! Now that you’ve identified your counterclaim or counterclaims, you need to figure out how much space to devote to it in your essay.

You’ll want to cover the opposing side as concisely as possible, as you don’t want to give them more space than your claims. This is especially important if you have a specific word count; dragging out a counterclaim argument for too long may not leave enough room for you to argue your position properly.

In most cases, one short paragraph per counterclaim should do the trick. Just remember that you need to explain the opposing argument and why others feel this way.

4. Consider How to Present the Counterclaim Fairly

Before you officially start typing things out, one of the most important things to consider is how you will present your counterclaim fairly. You don’t want to present the opposing view with an obvious bias, as it may take away from the credibility of your paper.

And besides, you shouldn’t have to put the other viewpoint down to clarify your stance!

You should have already put lots of strong evidence and arguments in favor of your position throughout your paper, so trying to understand and present the opposing viewpoint fairly shouldn’t weaken your claims too much.

5. Write Your Counterclaim

You’re finally ready to write your counterclaim! The first thing you need to do is include an appropriate transition to help with the flow of your paper.

Some good transitions include:

• Critics have argued that…
• On the other side of the argument, people are concerned that…
• The contrasting viewpoint indicates that…

Once you have chosen an appropriate transition and stated the opposing viewpoint, you can describe why people feel this way. And don’t forget your evidence! As with your claims, you need to show that you’ve done the research to support this position.

From here, you can write your rebuttal explaining any issues or weaknesses with the counterclaim. This is essential to solidifying your original position.

Some suggestions for a good rebuttal include:

• Detailing the particular weaknesses with the counterclaim
• Acknowledging that while these viewpoints have some merit, there is a solution that renders it baseless
• Showing that the benefits of your claims outweigh the risks of the counterclaims
• Pointing out that the benefits of the counterclaim are exceedingly rare

Tips on Writing a Great Counterclaim

Want to make a good counterclaim even better? Remember these tips when writing:

• Objectivity is key. As passionately as you may feel about your position, do your best to remain objective when presenting a counterclaim. For example, avoid saying things like “critics mistakenly believe that…”
• Don’t leave out information on purpose. If you find evidence for your counterclaim supported by research, don’t leave it out of your paper to avoid weakening your argument. Instead, explain why it is weaker than your claims.
• Read through other essays. If you’re still unsure what a good counterclaim looks like, read professional-level papers to see how others have done it.
• A second set of eyes is always helpful! If you can, get someone to read through your paper to make sure your counterclaim is clear, objective, and concise. You may also want their opinion on whether your rebuttal is effective enough to dispute the main points of your counterclaim.

The Bottom Line

Though it may seem daunting, writing an effective counterclaim doesn’t have to be difficult.

Just remember to do your research, avoid putting it in the introduction and conclusion, keep it to a paragraph, present it fairly, and transition into it appropriately.

And most of all, do your best to put any biases aside and remain objective.

By following these tips, writing counterclaims will become second nature to you in no time. Good luck with your next paper!

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9.3: The Argumentative Essay

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• Lumen Learning

Learning Objectives

• Examine types of argumentative essays

Argumentative Essays

You may have heard it said that all writing is an argument of some kind. Even if you’re writing an informative essay, you still have the job of trying to convince your audience that the information is important. However, there are times you’ll be asked to write an essay that is specifically an argumentative piece.

An argumentative essay is one that makes a clear assertion or argument about some topic or issue. When you’re writing an argumentative essay, it’s important to remember that an academic argument is quite different from a regular, emotional argument. Note that sometimes students forget the academic aspect of an argumentative essay and write essays that are much too emotional for an academic audience. It’s important for you to choose a topic you feel passionately about (if you’re allowed to pick your topic), but you have to be sure you aren’t too emotionally attached to a topic. In an academic argument, you’ll have a lot more constraints you have to consider, and you’ll focus much more on logic and reasoning than emotions.

Argumentative essays are quite common in academic writing and are often an important part of writing in all disciplines. You may be asked to take a stand on a social issue in your introduction to writing course, but you could also be asked to take a stand on an issue related to health care in your nursing courses or make a case for solving a local environmental problem in your biology class. And, since argument is such a common essay assignment, it’s important to be aware of some basic elements of a good argumentative essay.

When your professor asks you to write an argumentative essay, you’ll often be given something specific to write about. For example, you may be asked to take a stand on an issue you have been discussing in class. Perhaps, in your education class, you would be asked to write about standardized testing in public schools. Or, in your literature class, you might be asked to argue the effects of protest literature on public policy in the United States.

However, there are times when you’ll be given a choice of topics. You might even be asked to write an argumentative essay on any topic related to your field of study or a topic you feel that is important personally.

Whatever the case, having some knowledge of some basic argumentative techniques or strategies will be helpful as you write. Below are some common types of arguments.

Causal Arguments

• In this type of argument, you argue that something has caused something else. For example, you might explore the causes of the decline of large mammals in the world’s ocean and make a case for your cause.

Evaluation Arguments

• In this type of argument, you make an argumentative evaluation of something as “good” or “bad,” but you need to establish the criteria for “good” or “bad.” For example, you might evaluate a children’s book for your education class, but you would need to establish clear criteria for your evaluation for your audience.

Proposal Arguments

• In this type of argument, you must propose a solution to a problem. First, you must establish a clear problem and then propose a specific solution to that problem. For example, you might argue for a proposal that would increase retention rates at your college.

Narrative Arguments

• In this type of argument, you make your case by telling a story with a clear point related to your argument. For example, you might write a narrative about your experiences with standardized testing in order to make a case for reform.

Rebuttal Arguments

• In a rebuttal argument, you build your case around refuting an idea or ideas that have come before. In other words, your starting point is to challenge the ideas of the past.

Definition Arguments

• In this type of argument, you use a definition as the starting point for making your case. For example, in a definition argument, you might argue that NCAA basketball players should be defined as professional players and, therefore, should be paid.

https://assessments.lumenlearning.co...essments/20277

Essay Examples

• Click here to read an argumentative essay on the consequences of fast fashion . Read it and look at the comments to recognize strategies and techniques the author uses to convey her ideas.
• In this example, you’ll see a sample argumentative paper from a psychology class submitted in APA format. Key parts of the argumentative structure have been noted for you in the sample.

Link to Learning

For more examples of types of argumentative essays, visit the Argumentative Purposes section of the Excelsior OWL .

Contributors and Attributions

• Argumentative Essay. Provided by : Excelsior OWL. Located at : https://owl.excelsior.edu/rhetorical-styles/argumentative-essay/ . License : CC BY: Attribution
• Image of a man with a heart and a brain. Authored by : Mohamed Hassan. Provided by : Pixabay. Located at : pixabay.com/illustrations/decision-brain-heart-mind-4083469/. License : Other . License Terms : pixabay.com/service/terms/#license

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• Concessions
• Counterarguments
• ESL Writing

The Argumentative Essay: The Language of Concession and Counterargument

Explanations and exercises about the use of counterarguments and concessions in argumentative essays.

The Argumentative Essay:  The Language of Concession and Counterargument

We have already analyzed the structure of an argumentative essays (also known as a persuasive essay), and have read samples of this kind of essay.  In this session we will review the purpose and structure of an argumentative essay, and will focus on practicing the grammar of sentences that present our argument while acknowledging that there is an opposing view point. In other words, we will focus on the grammar of concession and counterargument.

Purpose and structure of an argumentative essay

Take a few minutes to refresh your knowledge about the purpose and structure of argumentative / persuasive essays. 

The Purpose of Persuasive Writing

The purpose of persuasion in writing is to convince, motivate, or move readers toward a certain point of view, or opinion. The act of trying to persuade automatically implies more than one opinion on the subject can be argued.

The idea of an argument often conjures up images of two people yelling and screaming in anger. In writing, however, an argument is very different. An argument is a reasoned opinion supported and explained by evidence. To argue in writing is to advance knowledge and ideas in a positive way. Written arguments often fail when they employ ranting rather than reasoning.

Most of us feel inclined to try to win the arguments we engage in. On some level, we all want to be right, and we want others to see the error of their ways. More times than not, however, arguments in which both sides try to win end up producing losers all around. The more productive approach is to persuade your audience to consider your opinion as a valid one, not simply the right one.

The Structure of a Persuasive Essay

The following five features make up the structure of a persuasive essay:

• Introduction and thesis
• Opposing and qualifying ideas
• Strong evidence in support of claim
• Style and tone of language
• A compelling conclusion                                                                                                            

Creating an Introduction and a thesis

The persuasive essay begins with an engaging introduction that presents the general topic. The thesis typically appears somewhere in the introduction and states the writer’s point of view.

Avoid forming a thesis based on a negative claim. For example, “The hourly minimum wage is not high enough for the average worker to live on.” This is probably a true statement, but persuasive arguments should make a positive case. That is, the thesis statement should focus on how the hourly minimum wage is low or insufficient.

Acknowledging Opposing Ideas and Limits to Your Argument

Because an argument implies differing points of view on the subject, you must be sure to acknowledge those opposing ideas. Avoiding ideas that conflict with your own gives the reader the impression that you may be uncertain, fearful, or unaware of opposing ideas. Thus it is essential that you not only address counterarguments but also do so respectfully.

Try to address opposing arguments earlier rather than later in your essay. Rhetorically speaking, ordering your positive arguments last allows you to better address ideas that conflict with your own, so you can spend the rest of the essay countering those arguments. This way, you leave your reader thinking about your argument rather than someone else’s. You have the last word.

Acknowledging points of view different from your own also has the effect of fostering more credibility between you and the audience. They know from the outset that you are aware of opposing ideas and that you are not afraid to give them space.

It is also helpful to establish the limits of your argument and what you are trying to accomplish. In effect, you are conceding early on that your argument is not the ultimate authority on a given topic. Such humility can go a long way toward earning credibility and trust with an audience. Audience members will know from the beginning that you are a reasonable writer, and audience members will trust your argument as a result. For example, in the following concessionary statement, the writer advocates for stricter gun control laws, but she admits it will not solve all of our problems with crime:

Although tougher gun control laws are a powerful first step in decreasing violence in our streets, such legislation alone cannot end these problems since guns are not the only problem we face.

Such a concession will be welcome by those who might disagree with this writer’s argument in the first place. To effectively persuade their readers, writers need to be modest in their goals and humble in their approach to get readers to listen to the ideas.

Text above adapted from: Writing for Success – Open Textbook (umn.edu)    Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

Argument, Concession/Acknowledgment and Refutation

We have already seen that as a writer of an argumentative essay, you do not just want to present your arguments for or against a certain issue. You need to convince or persuade your readers that your opinion is the valid one. You convince readers by presenting your points of view, by presenting points of view that oppose yours, and by showing why the points of view different from yours are not as valid as yours.  These three elements of an argumentative essay are known as argument (your point of view), concession/acknowledgement/counterargument (admission that there is an opposing point of view to yours) and refutation (showing why the counterargument is not valid). Acknowledging points of view different from yours and refuting them makes your own argument stronger. It shows that you have thought about all the sides of the issue instead of thinking only about your own views.

Identifying argument, counterargument, concession and refutation

We will now look at sentences from paragraphs which are part of an argumentative essay and identify these parts. Read the four sentences in each group and decide if each sentence is the argument, the counterargument, the acknowledgement / concession or the refutation. Circle your choice.

Schools need to replace paper books with e-books.

argument                counterargument       acknowledgement      refutation

Others believe students will get bad eyesight if they read computer screens instead of paper books.

There is some truth to this statement.

However, e-books are much cheaper than paper books.

The best way to learn a foreign language is to visit a foreign country.

Some think watching movies in the foreign language is the best way to learn a language.

Even though people will learn some of the foreign language this way,

it cannot be better than actually living in the country and speaking with the people every day.

Exercise above adapted from: More Practice Recognizing Counterarguments, Acknowledgements, and Refutations. Clyde Hindman.  Canvas Commons. Public domain.

More Practice Recognizing Counterarguments, Acknowledgements, and Refutations | Canvas Commons (instructure.com)

Sentence structure: Argument and Concession 

Read the following sentences about the issue of cell phone use in college classrooms. Notice the connectors used between the independent and the dependent clauses.

Although cell phones are convenient, they isolate people.

    dependent clause                                              independent clause

 Cell phones isolate people, even though they are convenient.

                independent clause                                      dependent clause

In the sentences above, the argument is “cell phones isolate people”.  The counterargument is “cell phones are convenient” and the acknowledgment/concession is expressed by the use of although / even though to make the concession of the opposing argument. 

In addition, and most importantly, notice the following:

Which clause contains the writer’s argument? Which clause contains the concession?

The writer’s position is contained in the independent clause and the concession is contained in the dependent clause. This helps the writer to highlight their argument by putting it in the clause that stands on its own and leaving the dependent clause for the concession.

Notice that it doesn’t matter if the independent clause is at the beginning or at the end of the sentence.  In both cases, the argument is “cell phones isolate people.”

Notice the difference between these two sentences:

Cell phones are convenient, even though they isolate people.

     independent clause                   dependent clause

Cell phones isolate people, even though they are convenient.

          independent clause                   dependent clause

This pair of sentences shows how the structure of the sentence reflects the point of view of the writer. The argument in the first sentence is that cell phones are convenient. The writer feels this is the important aspect, and thus places it in the independent clause. In the dependent clause, the writer concedes that cell phones isolate people. In contrast, in the second sentence the argument is that cell phones isolate people. The writer feels this is the important aspect and therefore puts this idea in the independent clause. The writer of this sentence concedes that cell phones are convenient, and this concession appears in the dependent clause.

Read the following pairs of sentences and say which sentence in the pair has a positive attitude towards technology in our lives.

                                                             A

• Although technology has brought unexpected problems to society, it has become an instrument of progress.
• Technology has brought unexpected problems to society, even though it has become an instrument of progress.

                                                                  B

• Technology is an instrument of social change, even though there are affordability issues.
• There are affordability issues with technology, even though it is it is an instrument of social change.

Licensed under Creative Commons Attribution-NonCommercial-ShareAlike

Maria Antonini de Pino – Evergreen Valley College, San Jose, California, USA

LIST OF SOURCES (in order of appearance)

• Text adapted from: Writing for Success – Open Textbook (umn.edu)

         Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

• Exercise adapted from: More Practice Recognizing Counterarguments, Acknowledgements, and Refutations. Clyde Hindman.  Canvas Commons. Public domain.

How to Write an Effective Counterclaim in 5 Steps

So, you’re laboring over a killer argumentative essay — and you want to make absolutely sure that you have all your bases covered? Your essay absolutely needs at least one counterclaim with a rebuttal if you are determined to make it the best it can be.

Unless you are already an experiences essayist, however, it can prove tough to write a solid counterclaim. Watch and learn — with this guide, you’ll get ready to write a powerful counterclaim in no time!

Essay Counterclaim: The Basics

The “too long; didn’t read” version is as follows — a counterclaim is a rhetorical tool used in essay writing. You present a viewpoint for which you are not arguing in a counterclaim, and then proceed to refute it; explaining why people should disagree with the opposing argument and agree with you, instead.

As you’re writing your essay, you will inevitably make various claims. Claims can be defined as debatable statements — the views for which you are arguing in your essay. Your thesis statement will be the main, overarching, claim you make in your essay, and this can be followed by multiple further claims in favor of your argument.

Let’s see this in action:

• Thesis: “Unleashed dogs are a serious public health concern in Masonville. Policy must be amended to make it mandatory for all dogs to be leashed, at all times, and fines must be imposed on those who fail to comply.”
• Claim: “Unleashed dogs have decimated the local deer population.”
• Claim: “5 children and an elderly person have sustained serious dog bites that required medical attention in the last three years.”
• Claim: “Data from other jurisdictions shows that imposing penalties for unleashed dogs reduces incidents with dogs immensely.”

If your essay looks something like this, you’re building a compelling case. You have defined your viewpoint, offered arguments that lead to a conclusion, and you have also shared data that your proposed solution could work.

What’s missing?

To truly make a convincing argument, you have to show that you understand the subject matter you are tackling deeply — something that inevitably includes listening to the opposing side in the argument.

That is where your counterclaim comes in. A counterclaim can be defined as a claim that directly opposes yours.

If your reaction is “Wait, what!? I have to argue against myself?” right now, hold on. There are multiple strong reasons to include a counterclaim in your essay. Here’s a look:

• By including a counterclaim, or indeed multiple, you show that you don’t have tunnel vision. You have also considered the other side.
• Readers who support the other side of the argument will likely react with a “Yes, that’s right!”. This has the effect of making them feel heard, which in turn makes them more open to listening to you.
• After all that, you can — finally — respectfully and artfully refute the counterclaim. You understand the opposing viewpoint and you have deeply considered its merits, but you disagree. Lay out why, and why those who previously agreed with the opposing argument might want to consider coming over to your side, instead.

Let’s see that in action again:

Many dog owners claim that leashing dogs robs them of the ability to run around and have fun — something they consider integral to their dogs’ health and wellbeing. While it is certainly true that dogs need exercise, long leashes allow for plenty of freedom of movement. Dog parks, where dogs could run free, are another possible solution in this case.

Claim vs Counterclaim: What Is the Difference?

The difference between a claim and a counterclaim can best be summed up by saying that a claim is used to argue the position you are defending in your essay, while a counterclaim takes the opposing viewpoint. A counterclaim is an argument against your argument, in other words.

That is not the only difference between the two. To make an effective claim, a writer simply has to:

• Make the claim.
• Provide evidence or logical arguments supporting the claim.
• Where desired, follow this with rhetorical tools such as appeals to emotion or logic to further convince the audience.

A counterclaim requires more elements:

• The counterclaim itself — which states an opposing argument.
• Evidence that people in fact hold this view is very much welcomed; to make a good counterclaim, you cannot simply lay out positions that are almost never taken.
• An explanation as to why people may hold this view.
• Finally, a rebuttal, in which you explain why the counterclaim is weak, and your original position is correct.

How to Write an Effective Counterclaim: Step-by-Step

Writing an effective counterclaim — or even several, as you may be called to do in longer essays — can be challenging. That is particularly true if you fervently believe in the argument you are making, and have a hard time understanding how anyone could disagree with it.

However, it is important to remain as objective as possible as you craft a counterclaim for your essay. Here is a look at the process you may use to decide on a good counterclaim.

• Deciding Where to Place Your Counterclaim

It is typically very effective to open your essay with a compelling hook, which may consist of a powerful anecdote, statistics, or a dramatic introduction to a pressing problem. You will then want to introduce your thesis statement, and begin making claims — which you back up with evidence and further arguments.

Your counterclaim, or counter claims, should be placed after this portion of your essay. In short essays, that means it will be somewhere near the end. However, you will want to summarize your main argument succinctly and write a memorable conclusion in the paragraphs that follow your counterclaim paragraph.

• Deciding How Long Your Counterclaim Should Be

The length of a counterclaim, and indeed the number of counterclaims you decide to include, depends on the target length of your essay. You will typically require at least a short paragraph to be able to do your counterclaim justice, because you are not simply stating that some people disagree with your argument. You also want to explain why.

In some cases, you will be able to write a short rebuttal in the same paragraph. In others, you may choose to refute the counterclaim in the next paragraph.

• Researching Opposing Viewpoints

To write an effective counterclaim, it is important to understand the arguments that may be used to oppose your claims. Don’t simply turn your claim or thesis statement on its head, but research why people disagree with the argument you are making, and on what basis. Where possible, try to find out how common the view you are portraying in your counterclaim is.

• Presenting the Opposing Viewpoint Fairly

Once you immerse yourself in the types of arguments people who disagree with your thesis make, and truly understand where they are coming from, you are ready to craft a good counterclaim. Try this exercise first. Imagine what you would write if you sincerely held the opposing view, and then go ahead and do it.

• Writing Your Counterclaim Paragraph

Before presenting the counterclaim, you will need to introduce the fact that you will be doing this by making a smooth transition in your writing. Good ways to start your counterclaim paragraph include:

• “Critics have argued that…”
• “Some people may conclude that”
• “On the other side of the argument, people are concerned that…”
• “The opposing viewpoint states that…”

Once you have stated the alternative view, go ahead and describe why that view is held. Present evidence.

You can now either start a new paragraph to write a rebuttal, or — if you can keep it short — do so in the same paragraph.

A rebuttal can include:

• Reasons why the opposing view you presented in your counterclaim is weak or false.
• An acknowledgment that the views presented in the counterclaim have merit, but there is a solution that would render the concerns the opposing side has baseless.
• An explanation that the views presented in the counterclaim are exceedingly rare, or the benefits of your argument outweigh the risks the counterclaim sets forth.

Additional Tips on Writing a Counterclaim

If you have followed along so far, you are almost ready to make a very effective counterclaim, complete with a refutation. You may even have penned a draft. So far, so good, but you do have some additional things to watch out for as you write your counterclaim:

• Be objective in the language you use. Do not state that you disagree with the counterclaim, or argue that some people “erroneously believe that…”, for example. Simply present the counterclaim as an alternative opinion.
• Be fair. Do not caricature the viewpoint you are presenting in your counterclaim. Do not use condescending language. When you share the opposing argument, do so using words that those who hold that view may, in fact, use.
• Don’t forget to include evidence. Your evidence can demonstrate that a significant percentage of people hold the view you address in your counterclaim, and it should also, where possible, back up the counterclaim. In the example we used earlier, regarding the benefits of allowing dogs to run around without being leashed, you could look for studies that show that dogs need a certain amount of physical exercise.
• Be fair in your rebuttal, too. The extent to which you do this depends on your aim. If you are writing a high school or college essay, you may simply prefer to throw some hard-hitting verbal punches. If, on the other hand, you are sincerely hoping to convince people who currently hold the alternative opinion you just described that you are right, you will have to be more careful. Validate their underlying concerns or values, and explain why your argument works within that context.

Does every essay need a counterclaim?

No. There are many kinds of essays. An expository essay, for instance, simply explores a topic, and will not need a counterclaim. A narrative essay shares the writer’s personal experience, and will not require a counterclaim. Counterclaims have an important place in argumentative essays, which require the writer to demonstrate that they understand the topic thoroughly and have considered all sides.

How many counterclaims should I include?

If you make multiple claims, you may choose to write a counterclaim for each of them. Depending on the length of your essay, you may even decide to include multiple counterclaims for each claim.

Related posts:

• How to Write an Effective Claim (with Examples)
• How to Write a Counter Argument (Step-by-Step Guide)
• 14 Tips to Help you Write An Essay Fast
• Going to the Dogs - Meaning, Origin and Usage
• How to Write in the First Person Effectively
• How To Write A Movie Title In An Essay

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Where to Put the Essay Counterclaim

Where is the best place to put the essay counterclaim? The short and sweet answer? David Oldham, professor at Shoreline Community College, states, “The short answer is a counter-argument (counterclaim) can go anywhere except the conclusion. This is because there has to be a rebuttal paragraph after the counter-argument, so if the counter-argument is in the conclusion, something has been left out.”

The counterclaim is the opposing point of view to one’s thesis and is also known as the counterargument. The counterclaim is always accompanied by a refutation, sometimes referred to as a rebuttal. The Common Core State Standards include the counterclaim in Writing Standards 1.0 for grades 7-12. These Standards reference the organization of the counterclaim in terms of clear relationships and logical sequencing. See the boldface phrases in the following grades 7-12 Standards.

Common Core State Standards

Seventh Grade: Introduce claim(s), acknowledge alternate or opposing claims, and organize the reasons and evidence logically.

Eighth Grade: Introduce claim(s), acknowledge and distinguish the claim(s) from alternate or opposing claims, and organize the reasons and evidence logically.

Ninth and Tenth Grade: Introduce precise claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that establishes clear relationships among claim(s), counterclaims, reasons, and evidence.

Eleventh and Twelfth Grade: Introduce precise, knowledgeable claim(s), establish the significance of the claim(s), distinguish the claim(s) from alternate or opposing claims, and create an organization that logically sequences claim(s), counterclaims, reasons, and evidence.

Placement Options

1. Writers can place a separate counterclaim paragraph with refutation as the last body paragraph prior to the conclusion paragraph.

Separate Paragraph Example #1 

COUNTERCLAIM Opponents argue that after school sports can increase the likelihood of sports-related injuries. Specifically, health professionals suggest that life-threatening concussions occur at frightening rates for student athletes participating in such popular after school sports as football, soccer, basketball, and wrestling (Bancroft 22, 23). Even minor injuries sustained from participation in after school sports increase absent rates and the expense of creating injury reports for students (Sizemore 3).  REFUTATION Although students do suffer both serious and minor injuries in after school sports, these injuries are quite rare. The organization, supervision, and safety measures of school-sponsored sports are superior to those of alternative fee-based community-sponsored recreational leagues or even privately sponsored sports organizations (Kinney 2). Additionally, without free after school sports programs, many students would still play sports without adult supervision and even more injuries would result.

2. Writers can place a separate counterclaim paragraph without refutation as the first body paragraph following the thesis statement to anticipate objections prior to providing evidence to prove the claim of the thesis statement.

Separate Paragraph Example #2 

COUNTERCLAIM  Those who favor eliminating after school sports argue that after school sports can increase the likelihood of sports-related injuries. Specifically, health professionals suggest that life-threatening concussions occur at frightening rates for student athletes participating in such popular after school sports as football, soccer, basketball, and wrestling (Bancroft 22, 23). Even minor injuries sustained from participation in after school sports increase absent rates and the expense of creating injury reports for students (Sizemore 3). Additionally, youth and adolescents are not developmentally ready to play contact sports. Key components of the brain and skeletal structure have not yet formed (Mays 14), and injuries can have lasting damage to young people.

3. Writers can embed a counterclaim and refutation within a body paragraph.

Embedded within Paragraph Example

After school sports provide safe and free programs for students who might otherwise not be able to participate in individual or team sports. The organization, supervision, and safety measures of school-sponsored sports are superior to those of alternative fee-based community-sponsored recreational leagues or even privately sponsored sports organizations (Kinney 2). Additionally, without free after school sports programs, many students would still play sports without adult supervision and even more injuries would result. COUNTERCLAIM However, some people would argue that after school sports can increase the likelihood of sports-related injuries and resulting absences with the added expenses of creating injury reports for students (Sizemore 3).  REFUTATION Although students do suffer both serious and minor injuries in after school sports and there are resulting absences and injury reports, without school-sponsored sports the likelihood of more injuries from less supervised recreational leagues or privately sponsored leagues with fewer safety regulations would, no doubt, be much worse.

4. Writers can embed a counterclaim and refutation within a sentence or sentences found in a body paragraph.

Embedded within Sentences Example

After school sports provide safe and free programs for students who might otherwise not be able to participate in individual or team sports. COUNTERCLAIM  Even so, some would question the safety of these programs, citing the numbers of life-threatening concussions from after school sports such as football, REFUTATION but these statistics are misleading. According to the highly respected  Youth in Sports report, fewer serious injuries occur to students playing after school sports as compared to students not playing after school sports (Green 22).

5. Writers can embed a counterclaim within the introductory paragraph and use the thesis statement as refutation.

Introductory Paragraph Example

After school sports are extra-curricular activities included in most elementary, middle school, and high schools throughout the world. COUNTERCLAIM Some would argue that schools can no longer afford these programs and the expenses of lawsuits resulting from sports-related injuries. REFUTATION AS THESIS STATEMENT  On the contrary, schools can and should invest in well-supervised after school sports to promote health and minimize sports-related injuries.

Each of these counterclaim placements has merit, depending upon the nature of the argumentative essay. Help students develop the writing flexibility and dexterity they need by applying each of these strategies in the draft and revision stages. As always, show models of counterclaims and refutations, teach a variety of types of evidence , and help students avoid the pitfalls of fallacious reasoning .

In addition to Where to Put the Essay Counterclaim, writing teachers may also be interested in these related articles:  Counterclaim and Refutation Sentence Frames , What is the Essay Counterclaim? , and Why Use an Essay Counterclaim?

TEACHING ESSAYS BUNDLE

The author’s  TEACHING ESSAYS BUNDLE   includes the three printable and digital  resources students need to master  the  CCSS W.1 argumentative and W.2 informational/explanatory essays. Each  no-prep  resource allows students to work at their own paces via mastery learning. How to Teach Essays  includes 42 skill-based essay strategy worksheets (fillable PDFs and 62 Google slides), beginning with simple 3-word paragraphs and proceeding step-by-step to complex multi-paragraph essays. One skill builds upon another. The Essay Skills Worksheets include 97 worksheets (printables and 97 Google slides) to help teachers differentiate writing instruction with both remedial and advanced writing skills. The  Eight Writing Process Essays  (printables and 170 Google slides) each feature an on-demand diagnostic essay assessment, writing prompt with connected reading, brainstorming, graphic organizer, response, revision, and editing activities. Plus, each essay includes a detailed analytical (not holistic) rubric for assessment-based learning.

Grammar/Mechanics , Literacy Centers , Study Skills , Writing argument essay , argumentative essay , claims , common core writing standards , Counterarguments , Counterclaims , essay argument , essay strategies , Mark Pennington , Opposing Claims , rebut , Rebuttal , Refutation , refute , Teaching Essay Strategies , types of evidence

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Legal Dictionary

The Law Dictionary for Everyone

Counterclaim

There are two sides to every argument: (1) the “claim,” and (2) the “counterclaim.” The first is a statement of the party’s point, or argument for something. The second is a rebuttal , or argument opposing the claim. Once the parties have made their claims and counterclaims, they introduce the reasoning behind their arguments, and present evidence to support those claims. The claim/counterclaim system is used to make points in everything from essays and scientific papers, to litigation . To explore this concept, consider the following counterclaim definition.

Definition of Counterclaim

• A claim made to offset another claim in a legal action.
• To assert a claim for relief against a party who has made an original claim.

1775-1785       English (counter +claim)

What is Counterclaim

In very simple terms, a counterclaim is the opposite of a claim. In the legal system, once a person (the “ plaintiff ”) has filed a legal action, which makes certain claims against the other party (the “ defendant ”), the defendant must file an answer to the claims with the court. Once this has been done, the process of each party proving his own position begins. The counterclaim is just one of the four elements of an argument, which include:

• Claim – to assert facts that give rise to a legally enforceable right or judicial action
• Counterclaim – a claim for relief made in opposition to, or to offset another person’s claim
• Reasons – the rationale behind a party’s claim
• Evidence – something that proves the truth of a claim, or leads to a conclusion

Counterclaim Example

Marsha is a busy design consultant for a home décor and renovation company. Her job frequently takes her out of the office to visit clients’ homes and offices to formulate a redecoration plan, personally pick out supplies, and to personally check up on the construction or installation. Marsha’s phone is constantly ringing, as she fields phone calls throughout the day, regardless of her location. Marsha desperately wants to separate her stressful job from her personal life, so she tells her employer, Ralph, that she needs a company cell phone. Ralph, thinking only of the additional expense, simply says “No.”

Marsha has made her claim – asking for a company cell phone.

Ralph has made his counterclaim – responding in the negative.

Now Jane must offer substantial and valid reasons to convince Ralph that she needs the company to provide her with a company phone. Jane might provide evidence of the hardship using her personal phone is causing her and her family. Jane’s reasoning may include a description of how often clients call her phone when she is at her daughter’s soccer games on Saturdays, when she is sitting down to dinner with her family, or when she is out on “date night” with her husband.

Jane may point out that she receives so many business phone calls that she has had to record a business-like greeting for her voicemail, which confuses friends and family, who think they have called her “at work” by mistake. As evidence, Jane may give Ralph copies of her cell phone activity for the past couple of months, highlighting the many business calls she has received and made.

In this example of counterclaim, Ralph now needs to support his refusal to provide Jane with a company phone. He should be ready to give good, substantiated reasons for his refusal to provide something that the company should have been paying for all along. This may include evidence of the company’s inability to foot the bill, and that the company does not require Jane to take calls on her personal phone.

Compulsory Counterclaims and Permissive Counterclaims

Once a party has filed a civil lawsuit , the defending party may file a counterclaim against him. Such a claim is aimed directly at the plaintiff for coexisting damages or claims in the same matter, which may serve to lessen the defendant’s liability . Some states have attempted to consolidate related matters by requiring that a defendant file a counterclaim on any issue directly related to the original lawsuit. This is a compulsory counterclaim , as the defendant is required to bring up any issues that may counter the plaintiff’s claim, as part of the same lawsuit. If he fails to do so, he cannot make that claim later in a separate lawsuit.

For instance, the Federal Rules of Civil Procedure , Title III, Rule 13 , compels a compulsory counterclaim if:

(a) (1) … A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim:

(A)  arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and

(B)  does not require adding another party over whom the court cannot acquire jurisdiction .

A permissive counterclaim is instituted by a defendant against a plaintiff in a lawsuit, but the defendant’s claim does not arise from the same issue or transaction as the plaintiff’s original claim. Many states allow permissive counterclaims, depending on the subject matter, and how it relates to the original lawsuit. While a defendant is not required to bring up such issues during the current case, as would be the case in a compulsory counterclaim, if he does, and the issue is decided by the court as part of the lawsuit ruling, the defendant cannot bring that claim later in another lawsuit.

Example of Compulsory Counterclaim

Martin convinces his friend, Adam, to invest in his new ice cream truck business. The two enter into a written contract, which specifies that Adam will put in an initial investment of $5,000, and that Martin will do all of the work in obtaining an ice cream truck and inventory, and that he will work the truck. Adam agreed to pay another $5,000 in four months’ time to help ensure the business is well-funded in its early months. Sixty days after Adam paid Martin the initial $5,000, he discovered that Martin hadn’t purchased the truck or inventory like he was supposed to do, yet the money has been spent. As a result, Adam backs out, refusing to pay any more money.

Martin files a lawsuit in small claims court, asking the court to order Adam to pay the remaining $5,000 required by the contract. At trial , Adam argues that Martin hadn’t done the things he was supposed to do according to the business plan, and he suspected he didn’t intend to, which is the reason he had backed out of the deal. The judge rules in Martin’s favor, because the two had a written contract, and Adam hadn’t proven that Martin would not, or could not, accomplish all of the necessary tasks for the business. Adam is ordered to pay Martin the remaining $5,000, and the contract is to remain in full force and effect.

Once Martin had filed his lawsuit, Adam could have filed a counterclaim, claiming that Martin had fraudulently convinced him to invest the money, and asking for his $5,000 investment to be returned. This counterclaim then requires Martin to show to the court that he had indeed been fulfilling his responsibilities according to the contract, and that he will continue to do so. In such a case, the court will hear the entire case, from both sides, before making its decision.

A ruling in this example of counterclaim will likely balance the liability between both sides, with a net judgment being rendered. For instance, if the court determines that Adam does indeed have to pay the other $5,000, but that Martin had falsely inflated the amount of money needed in order to trick Adam into giving him $2,000 more than the business required, Adam may be ordered to pay Martin only $3,000.

If the pair lived in a state of compulsory counterclaim, Adam would be required to make this claim within a certain period of time after Martin had filed the lawsuit. If he failed to do so, he could not later file a lawsuit claiming Martin had fraudulently induced him into the contract.

Frivolous Counterclaim Rejected by Court

In 2013, three limited partners of a failed real estate venture filed a civil lawsuit against the general partners, who controlled the company. The plaintiffs accused the general partners of mishandling the business, causing the loss of their $1.9 million investment. Shortly after this lawsuit was filed in a New Jersey court, the defendant managing partners filed a counterclaim, suing the limited partners for breach of fiduciary duty , waste of corporate funds, and violation of the covenant of good faith and fair dealings.

The plaintiff partners immediately realized that the counterclaim was a thinly veiled attempt to manipulate and restrict settlement efforts, and filed a motion to dismiss the counterclaim. In the counterclaim, the managing partners argued that, by suing them, the limited partners were wasting company money, which was ultimately used to defend the lawsuit. The court noted that, while partners usually owe a fiduciary duty to one another in their business venture, such duty is generally imposed on the majority or controlling partner. The limited partners in Deerhaven LLC had no control over the company, and therefore had no fiduciary duty to not bring suit against the managing partners.

In this example of counterclaim, the claim was found to be frivolous and dismissed by the court. The judge wasn’t through there, however, as he sanctioned the managing partners, ordering them to pay the minority partners’ attorneys’ fees.

Related Legal Terms and Issues

• Civil Lawsuit – A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person.
• Covenant of Good Faith and Fair Dealings – A presumption that parties to a contract will deal with one another fairly, honestly, and in good faith.
• Defendant – A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.
• Fiduciary Duty – A legal duty to act in another party’s best interest.
• Frivolous – Something of little importance, or which has no sound basis in fact or law.
• Plaintiff – A person who brings a legal action against another person or entity, such as in a civil lawsuit, or criminal proceedings.