Which term describes a party brought into the action by a defendant who asserts that the other party is responsible to pay the damages?

Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

Which term describes a party brought into the action by a defendant who asserts that the other party is responsible to pay the damages?

Explanation:
In civil procedure, a defendant can use third-party practice to bring in another person who may be responsible to pay damages. The party added in this way is the third-party defendant. This device lets the defendant shift or share liability by showing that someone else—the third-party defendant—should ultimately bear the costs claimed by the plaintiff, either to the defendant or to the plaintiff. For example, if A sues B for damages from an incident, B can bring in C as a third-party defendant, alleging C caused the injury and should pay. This distinguishes from the plaintiff (the party who starts the suit), the judge (the decision-maker), and voir dire (jury selection).

In civil procedure, a defendant can use third-party practice to bring in another person who may be responsible to pay damages. The party added in this way is the third-party defendant. This device lets the defendant shift or share liability by showing that someone else—the third-party defendant—should ultimately bear the costs claimed by the plaintiff, either to the defendant or to the plaintiff. For example, if A sues B for damages from an incident, B can bring in C as a third-party defendant, alleging C caused the injury and should pay. This distinguishes from the plaintiff (the party who starts the suit), the judge (the decision-maker), and voir dire (jury selection).

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