Paralegal Advanced Competency Exam (PACE) Practice Exam

What does joint and several liability mean?

1. Liability that applies only to one person in a group

2. Liability of multiple persons for which any can be sued for the entire amount

3. Unique liability that involves both civil and criminal responsibility

4. Liability that is waived under certain conditions

The correct answer is: Liability of multiple persons for which any can be sued for the entire amount

Joint and several liability refers to a legal principle in tort law where two or more parties can be held liable for the same event or act, and any one of them can be pursued for the full amount of damages. This means that if a plaintiff wins a lawsuit against multiple defendants who are found to be jointly and severally liable, the plaintiff can collect the entire judgment from any one of the defendants, regardless of each party's individual share of fault. This approach ensures that a plaintiff can recover damages even if one or more of the defendants are unable to pay their portion. This principle is important as it can provide plaintiffs with a better chance of receiving compensation. For example, if one defendant has significant assets while another does not, the plaintiff can target the wealthier defendant for the total amount awarded. This encourages responsibility, as all parties involved in a harmful act can be held accountable. In contrast, the other options do not accurately capture the essence of joint and several liability. The first choice implies that liability is isolated to one individual rather than shared among multiple parties. The third mentions a unique liability that involves both civil and criminal responsibility, which does not pertain to joint and several liability specifically, as this concept mainly applies to civil matters. Finally, the