Civil Procedure Multistate Bar Practice Exam

What is a crossclaim?

1. A claim against a co-party

2. A claim against a third party

3. A claim against a plaintiff

4. A claim brought in federal court

The correct answer is: A claim against a co-party

A crossclaim is defined as a claim brought by a party against a co-party in the same action. This typically occurs in situations where multiple parties are involved in a lawsuit, and one party seeks to assert a claim or cause of action against another party who is also on the same side of the litigation. For instance, in a civil lawsuit involving multiple defendants, one defendant may allege that another defendant is liable for part or all of the plaintiff's claimed damages, thus creating a crossclaim. The other options do not accurately represent a crossclaim. A claim against a third party refers to a third-party claim, which is different from a crossclaim as it involves a party not in the same category as the co-party. Similarly, a claim against a plaintiff is not considered a crossclaim because it involves opposing parties, not co-parties seeking relief from one another. Lastly, the jurisdiction of a claim, such as being brought in federal court, has no relevance to the definition of a crossclaim and does not affect its nature as a procedural mechanism.