Joinder

Question 1

Claim joinder v. Party Joinder

Answer 1

Claim joinder is liberally allowed

Party joinder needs to consider SMJ + PJ

Question 2

A real party in interest is

Answer 2

a person who under the substantive law possess the right subject to enforcement

-Every action must be brought in the name of the real party in interest

Question 3

If someone other than the real party in interest bring suit

Answer 3

The burden is on the ∆to substitute the real party in interest

≠insurance subrogation (can be filed in name of the homeowner)

Question 4

A counterclaim is:

Answer 4

a claim that goes back across the v.

1. compuslory counter claims
2. permissive counter claims

Question 5

A cross-claim is:

Answer 5

a claim that goes against someone on the same side of the v.

Question 6

What are compulsory counter claims?

If not brought?

Answer 6

Claims that the ∆ must assert
-if it arises out of the same transaction or occurrence of π’s claim (same nexus of facts)

-waived if not use

Question 7

A defendant need not assert an otherwise compulsory counterclaim if:
(3)

Answer 7

1. subject of a pending action
2. court can not get jurisdiciton over a needed party
3. π brought suit by attachment or garnishment

Question 8

What are permissive counter claims
(2)
If not brought?

Answer 8

(a) Any claim that does not arise out of the same transaction or occurrence as the original claim may be pleaded as a permissive counterclaim.
(b) A permissive counterclaim is not barred if it is not asserted, and may be raised in an independent action.

Question 9

Jurisdiction on counter claims?

Answer 9

Imputed to πbecause they brought the original claims and consented to jurisdiction in the first place

Question 10

Statute of limitations for counter claims

Answer 10

If the principal action is not barred by the statute of limitations: then compulsory counter claims will not be barred either

Question 11

When is a cross claim compulsory?

Answer 11

it is never compulsory

Question 12

Cross claims are only allowed when?

Answer 12

1. They relate to the same transaction or occurrence
   +
2. you have a claim filed against you

Question 13

A necessary party is?

Answer 13

Has to be joined
-one who is so vitally interested in the controversy that a valid judgment cannot be made without him

-if not joined, can be dismissed from rule 12b7

Question 14

A proper party is one?

Answer 14

Has an interest in the action but could be found in a separate suit.

Question 15

The requirements for a class action are:
(4)

Answer 15

1. Named reps must show they will fairly and adequately rep the class (focus on whether there is a conflict of interest and the ability to represent)
2. Named reps must have an interest in the case
3. Class cannot be too large to be practical
4. Notice to Each Class member

Question 16

A class exists in a class action when?

Answer 16

There is one issue that is common among all persons in the class

Question 17

How must a class action be settled?

Answer 17

Must be approved by class

Must be approved by court

Question 18

Interpleader v. intervention v. impleader

Answer 18

Interpleader: money is paid into the court and everyone tries to take a part (e.g. insurance)

Intervention: parties are beating on the door to get into the case

Impleader: we are trying to bring someone into the case

Question 19

In an interpleader action what happens?

Answer 19

A stakeholder puts money/property into the court and lists claimants as other party

on determination of the interpleader action, judgment shall provide for disbursement of the principal

Question 20

Intervention provides a procedure whereby

Answer 20

a nonparty can enter a lawsuit as a plaintiff upon her own initiative to protect her interests.
2. Intervention may be either as a matter of right or permissive.

Question 21

Intervention of right is granted when

3

Answer 21

1. interest that relates to the original lawsuit
2. so situated that the disposition of action will impair or impede the interest
3. your interest is not being adequately being represented by the lawsuit

E.g. The intervening plaintiff can argue that if the original plaintiff’s lawsuit results in a verdict for the defendant, the defendant may be able to argue the verdict in the first case is res judicata to any later lawsuit

Question 22

Permissive intervention may be granted if:

Answer 22

there is a common question of law or fact between their claim and the claim of ∆/π’s

Question 23

What is the procedure for intervention?

5

Answer 23

Court Considers

1. must be timely (before trial)
2. status of the case
3. prejudice to parties
4. prejudice to applicant if denied
5. reason for delay in intervention

Question 24

Impleader allows a defendant to

Answer 24

assert a claim against a 3rd person not part of the original action that may be liable to indemnify ∆ or contribute to ∆

Question 25

When is impleader mandatory?

Answer 25

never mandatory, can always get contribution

Question 26

What is the procedure for Impleader Claims

2

Answer 26

1. ∆ can implead 3rd party within 45 days of giving the answer
2. court determines whether or not a allow claim
3. When person is served with impleader complaint, then treat as a complain