Paralegal Advanced Competency Exam (PACE) Practice Exam

What does a cross-claim assert in legal proceedings?

1. A claim against a third party outside of the original complaint

2. A claim against the plaintiff by a defendant in the same action

3. A claim arising from the same subject matter against a co-party

4. A secondary claim filed by the plaintiff before trial

The correct answer is: A claim arising from the same subject matter against a co-party

A cross-claim is a legal assertion made by one party against a co-party in the same proceeding, typically arising from the same transaction or occurrence that is the subject of the original lawsuit. This mechanism allows for more efficient resolution of issues by permitting parties to address related claims in a single action, rather than necessitating separate lawsuits. In this context, a claim that arises from the same subject matter against a co-party is precisely what constitutes a cross-claim. It enables parties to litigate interconnected issues together, thereby promoting judicial economy and reducing the potential for conflicting judgments. This concept is crucial in civil litigation, as it helps streamline cases and can lead to quicker and more comprehensive resolutions. The other choices refer to different types of claims that do not fit the definition of a cross-claim. For instance, a claim against a third party outside of the original complaint involves different parties entirely, while a claim against the plaintiff by a defendant pertains to a counterclaim, and a secondary claim filed by the plaintiff before trial would typically be classified as an amendment or additional claim rather than a cross-claim.