Paralegal Advanced Competency Exam (PACE) Practice Exam

What type of proceeding involves opposing parties, such as a plaintiff and a defendant?

1. Adversary proceeding

2. Default proceeding

3. Administrative hearing

4. Judicial review

The correct answer is: Adversary proceeding

An adversary proceeding is characterized by the involvement of opposing parties, typically a plaintiff and a defendant. This type of legal proceeding is defined by the contest between two or more parties seeking to establish their respective positions through the judicial process. The core function of adversary proceedings is to resolve disputes by allowing each party to present its case before an impartial tribunal. In contrast, a default proceeding occurs when one party fails to respond or appear, resulting in a judgment or decision in favor of the other party without further contest. Administrative hearings involve disputes between individuals and government agencies and are usually less formal than court trials. Judicial review refers to the process by which a higher court reviews the decisions of lower courts or administrative agencies, which does not inherently involve opposing parties as in an adversary setting. Understanding the distinctions among these various types of legal processes highlights the fundamental nature of adversary proceedings as fundamentally oppositional, grounded in the tradition of trial by combat to identify the truth and achieve a resolution between conflicting claims.