Civil Procedure Multistate Bar Practice Exam

What must a crossclaim arise from?

1. Same transaction or occurrence

2. Different transactions

3. Same party involvement

4. Common legal issues

The correct answer is: Same transaction or occurrence

A crossclaim must arise from the same transaction or occurrence that is the subject of the original action. This is a key requirement for a crossclaim under the Federal Rules of Civil Procedure, specifically Rule 13(g), which allows a party to assert a claim against a co-party if it arises out of the same transaction or occurrence that is the subject matter of the original action. This requirement helps maintain judicial efficiency by allowing related claims to be resolved in a single proceeding, rather than requiring multiple lawsuits for claims that are connected. For instance, if two defendants in a case are involved in a car accident, one defendant can file a crossclaim against the other for contribution or indemnity, provided it directly relates to the transaction of the accident. The other options do not accurately capture the essence of what constitutes a crossclaim. Different transactions or occurrences could lead to entirely separate claims that do not warrant the same forum. Likewise, the involvement of the same parties or the existence of common legal issues alone does not meet the requirement that the claims stem from a shared transaction or occurrence. This focus ensures effective use of judicial resources and prevents the fragmentation of related disputes across multiple cases.