Also known as:no claim · no claims · no-claims bonus · NCD
Written by attorneys · grounded in primary & secondary sources — see below
An absence of any legal right or entitlement to assert a demand or cause of action against another party.
Sources & Authorities
How it applies
Common Examples
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Urgent Land Reentry After Dispossession
Noah Nakamura believed that Naomi Norton had no claim of right to the cabin she occupied after wrongfully evicting him weeks earlier. With winter approaching and no time to obtain a court order, Noah used minimal force to reenter the land. Because the circumstances met the urgency requirement under the governing rule, his action was justified and Norton could not prevail on a trespass claim.
No Claim Against Remote Manufacturer
Nicholas Nunez purchased a defective wheel from a retailer and suffered injury when it failed. He discovered that the wheel had been manufactured by Nova Pharmaceuticals but had no direct contractual relationship with that company. Under the applicable rule, Nunez had no claim against the remote manufacturer and could recover only from the retailer.
Select any source to read its text and confirm it supports the definition.
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
MacPherson v. Buick Motor Co.217 N.Y. 382, 111 N.E. 1050
No Claim to Advertise in Restricted Medium
Naveen Nanda sought to place promotional materials in a utility's billing envelopes but the utility refused. Nanda had no claim to compel the utility to carry his messages because the restriction served a substantial government interest and left open alternative channels. The court upheld the denial without finding any protected right to that particular forum.
Central Hudson Gas & Electric Corp. v. Public Service Commission of New York447 U.S. 557, 100 S. Ct. 2343, 65 L. Ed. 2d 341 (1980)
No Claim for Class Certification
Nina Nielsen attempted to represent a nationwide class of employees alleging discrimination at Navarro Industries. The proposed class lacked the required commonality and typicality because individual employment decisions varied widely. Nielsen therefore had no claim to class treatment and could proceed only on her individual case.
Wal-Mart Stores, Inc. v. Dukes564 U.S. 338 (2011)
No Claim to Interstate Navigation Monopoly
Nathaniel Newman operated a steamboat line between New York and New Jersey under a state-granted exclusive license. When a competitor entered the route, Newman asserted his monopoly right but the court held that the license created no claim against federally licensed vessels. The competing operator could continue service without liability.
Gibbons v. Ogden22 U.S. (9 Wheat.) 1, 211 (1824)
No Claim to Regulate Local Activity
Nexus Technologies challenged a federal statute regulating possession of firearms near schools. The company argued that the law exceeded congressional power because the activity had no substantial effect on interstate commerce. The court agreed that the statute created no valid federal claim of authority over purely local conduct.
United States v. Lopez514 U.S. 549 (1995)
Common questions
Frequently Asked
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What does the term no-claim denote in legal philosophy?+
It denotes the absence of any recognized legal right or entitlement to assert a demand. The term was created because ordinary English lacked a precise opposite for the word claim.
Supporting sources
How does a no-claim determination affect self-help remedies under the Model Penal Code?+
When an actor reasonably believes the other party has no claim of right to property and circumstances are urgent, the actor may use force to reenter land without waiting for a court order. The belief that the other party holds no claim is a required element.
Supporting sources
In civil procedure, when may a court protect a party from prejudice arising from inclusion of a person who asserts no claim?+
The court may order separate trials or other protective measures when a party is joined against whom the asserting party makes no claim and who makes no claim against the asserting party. This prevents unnecessary delay or expense.
Supporting sources
Does a beneficiary who dies before the testator ever acquire an interest under a will?+
No. A beneficiary who predeceases the testator takes no interest because the will speaks only at death. The predeceased beneficiary's estate therefore has no claim to the property.
Supporting sources
541 U.S. 36 (2004)Evidence
…with a wholly foreign one. In this respect, it is very different from exceptions to the Confrontation Clause that make no claim to be a surrogate means of assessing reliability. For example, the rule of forfeiture by wrongdoing (which we accept) extinguishes confrontation claims on essentially equitable grounds; it…