NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is updating a firm's internal guide on civil procedure. The guide needs to accurately define the pleading that a defendant files in response to a plaintiff's complaint, in which the defendant asserts their own claims against the plaintiff. What is this pleading called?
- AThird-party complaint
- BMotion to dismiss
- CCounterclaim
- DCross-claim
Show answer & explanationAnswer & explanation
Correct answer: C. Counterclaim
A counterclaim is a claim made by a defendant against the plaintiff in the same lawsuit. It allows the defendant to assert their own cause of action directly against the party who sued them.
Why the other options are wrong
- A. A third-party complaint is filed by a defendant against a new party not originally part of the lawsuit, alleging that the new party is liable for all or part of the plaintiff's claim.
- B. A motion to dismiss is a request to the court to terminate the case without further proceedings, not a claim against the plaintiff.
- D. A cross-claim is a claim brought by one defendant against another defendant (or one plaintiff against another plaintiff) in the same action.
Counterclaim
A claim made by a defendant against the plaintiff in a lawsuit, which may or may not arise from the same transaction or occurrence as the plaintiff's original claim.
- Allows defendants to seek relief against the plaintiff.
- Can be compulsory (must be filed) or permissive (may be filed).
- Filed as part of the defendant's answer to the complaint.
Memory trick: Defend with an Answer, Counter, Cross, or Third-Party.