Civ Pro II

Question 1

Rule 20(a)

Answer 1

Standard for Joining Plaintiffs

(a) Multiple people can join as plaintiffs in a lawsuit if:

(1) Their claims are based on the same event or related events, and

(2) There is at least one common legal or factual issue in all their claims.

Question 2

What is the objective of 20 (a)(1)

Answer 2

Rule seeks to make sure that people with related claims can be part of the same case instead of filing separate lawsuits

Question 3

Rule (13)(a)

what does it cover

Answer 3

Cumpulsory counterclaims

Question 4

State the rule for 13(a)

Answer 4

A compulsory counterclaim is a claim that a defendant must bring in the same lawsuit - If someone sues you, and you have a claim against them that arises from the same situation, you must include it in your response as a counterclaim.

if it :
(1) arises from the same transaction or occurence

(2) does not require adding another party that might mess up adjudication

Speak now or forever hold your ☮️

Question 5

Transaction and occurence

Answer 5

Time, Motivation, Space, and origin of a claim

Question 6

Rule 13(b)

Answer 6

Permissive Counterclaims

Question 7

State the Rule of 13 (b)

Answer 7

Allows permissive counter claims
These are claims against an opposing party that aren’t compulsory, meaning they don’t arise out of the same transaction or occurrence.

If a party fails to join a permissive counterclaim, it is not lost it may be the subject of a separate action at a different time.

Question 8

Rule 13(g)

Answer 8

Crossclaims
A crossclaim occurs when one party in a lawsuit sues another person on the same side of the v. ( like a codefendant) because theier dispute arises out of or is related to the same event in the case.

Question 9

True or False

Only a plaintiff can utilize Crossclaims 13(g)

Answer 9

False

Question 10

True or false

Crossclaims are permissive not cumpulsory

Answer 10

True a crossclaim is permissive because it does not have to be brought in the current case it - can be filed as a separte lawsuit later. Unlike cumpolsory counterclaims.

you can file it you dont have to.

Question 11

Distinguish

Rule 18(a) from Rule 20(a)(1)

Answer 11

Rule 18 governs the joinder of claims
versus
Rule 20(a)(1) governs the joinder of partys

Question 12

Rule 18

Answer 12

A party can bring multiple claims related or unrelated agans the same opposing party. This promotes efficiency by resolving multiple disputes in one case

Question 13

Joinder of Claims

Answer 13

Rule 18(a)

Question 14

Cumpulsory Joinder of Parties

Answer 14

Rule 19

Question 15

True or False

Misjoinder of parties is not grounds for dismissal

Answer 15

True, Rule 21 expressly states that misjoinder of parties is not grounds for dismissing an action

Question 16

True or False

The trial judge has the discretion to sever the claims or to dispose of them in the same proceeding

Answer 16

True

Question 17

28 U.S.C. § 1367

Answer 17

provides the rules for when federal courts can hear state law claims that are related to federal claims in a lawsuit. It establishes when supplemental jurisdiction applies and when courts can decline it.

Question 18

28 USC 1367(c)

Answer 18

A federal court can choose not to hear state-law claims that are related to a federal case under subsection(a) if:

The state-law issue is new or complicated,
The state-law claim is the main part of the case,
The federal court has already dropped all the federal claims, or
There’s a strong reason why the court shouldn’t handle the state-law claim.

Question 19

28 USC 1367(a)

Answer 19

• A federal court can hear related state-law claims if it already has jurisdiction over a federal claim.
• The state-law claims must be closely connected to the federal claims.
• This means they must arise from the same set of facts or events.
• The purpose is to allow the court to handle all related claims in one case instead of requiring separate lawsuits.

Question 20

28 USC 1367(b)

Answer 20

in cases based solely on diversity jurisdiction, federal courts cannot hear certain related state-law claims if doing so would undermine the rules of diversity jurisdiction. Specifically:

This applies only when the court’s jurisdiction is based on diversity of citizenship (i.e., parties are from different states).
The court cannot hear state-law claims brought by plaintiffs against certain additional parties (such as those joined under Rules 14, 19, 20, or 24 of the Federal Rules of Civil Procedure).

Question 21

True or False

A federal court may decline to exercise supplemental jurisdiction when the court has dismissed all claims over which there was an independent basis for subject-matter jurisdiction.

Answer 21

True

Question 22

FRCP 24

Answer 22

Allows a non-party to the suit to move to intervene if

Intervention

Question 23

FRCP 20

Answer 23

Allows multiple plaintiffs or defendants to join in one lawsuit if their claims are related and involve common legal or factual issues.

Permissive joinder of parties; standard for joining parties

Question 24

FRCP 19

Answer 24

Requires certain parties to be included in a lawsuit if their absence would prevent complete resolution of the case or harm their interests.

Cumpulsory (required)joinder of parties

Question 25

FRCP 14

Answer 25

Allows a defendant to bring in another party (a third-party defendant) who may be responsible for part or all of the plaintiff’s claim. | Third party practice

Question 26

Under § 1367(b),

Answer 26

in diversity cases, plaintiffs cannot use these rules to add claims against additional parties in a way that would destroy complete diversity (i.e., where all plaintiffs must be from different states than all defendants).

Question 27

Requires a short and plain statement of the claim showing that the plaintiff is entitled to relief. It also requires defenses to be stated clearly and concisely. | General pleading

Answer 27

Rule 8

Question 28

Rule 9

Answer 28

(Pleading Special Matters) – Certain claims, like fraud or mistake, must be stated with specific details rather than just general allegations.

Question 29

Rule 11(b) | Rule 11

Answer 29

(Signing Pleadings, Motions, and Sanctions) – Every filing must be signed by an attorney (or the party if unrepresented), certifying that it is not for improper purposes, is legally and factually reasonable, and is based on evidence. Courts can impose sanctions for violations.

Question 30

Rule 15 (Amended and Supplemental Pleadings)

Answer 30

Allows parties to amend their pleadings, such as correcting mistakes or adding claims, usually with the court’s permission if done after a certain time. Courts generally allow amendments if they won’t unfairly harm the other party.

Question 31

Rule 12(a)

Answer 31

Time to Respond: A defendant generally has 21 days to file an answer after being served with a complaint.

Question 32

Rule 12(b)

Answer 32

Defenses by Motion: A defendant can file a motion to dismiss based on these seven defenses: 1) Lack of subject-matter jurisdiction (court has no authority over the case) 2) Lack of personal jurisdiction (court has no authority over the defendant) 3) Improper venue (wrong location for the case) 4) Insufficient process (problem with the summons or complaint) 5) Insufficient service of process (defendant wasn’t properly served) 6)Failure to state a claim (even if facts are true, no legal claim exists) 7)Failure to join a necessary party (missing a required party under Rule 19)

Question 33

Rule 12(e)

Answer 33

Motion for a More Definite Statement: If a complaint is too vague, a defendant can ask for a clearer version.

Question 34

Rule 12(f)

Answer 34

Motion to Strike: A court can remove irrelevant, scandalous, or improper parts of a pleading.

Question 35

Rule 12(g)-(h) –

Answer 35

Waiving Defenses: Some 12(b) defenses (like personal jurisdiction and improper venue) must be raised early or they are waived. Others, like lack of subject-matter jurisdiction, can be raised at any time.

Question 36

Rule 20(a)(2)

Answer 36

Establishes the standard for joining multiple defendants 1. arising out of the same action or occurence 2. atleast one question of common law or fact

Question 37

# What are The 4 Killers | Pre- Answer Motions that will end the case

Answer 37

1. 12(b)(1): Lack of Subject Matter Jurisdiction 2. Rule 12(b)(2): Lack of personal jurisdiction 3. Rule 12(b)(3): Improper Venue; court cant proceed if wrong distirict 4. Rule 12(b)(4): Failure to state a claim upon which relief can be granted ( Maybe given another shot if, can restate a proper claim, with an amendment to the pleading governed by courts consent). | 12 (g- h)

Question 38

# The following Must be disputed or waived | Rule 12(h) What happens if you forget to raise an issue

Answer 38

1. Lack of personal jurisdiction 2. Lack of venue 3. Improper process 4. Improper service of process

Question 39

# Define Lack of Personal Jursidiction

Answer 39

Personal Jurisdiction refers to a court’s authority to make decisions affecting a particular defendant. If a court lacks personal jurisdiction, it cannot proceed against that defendant, and the case may be dismissed. | must be disputed or waived

Question 40

# Define Lack of Venue

Answer 40

Refers to the specific location where the case is being tried. | must be disputed or waived

Question 41

Improper process

Answer 41

Notice of the lawsuit documents were improperly seved or wrong in some way ; was done incorrectly | must be disputed or waived

Question 42

Improper Service of Process

Answer 42

How someone was served with legal paper: was the person or entitiy properly given notice of the lawsuit | must be disputed or waived

Question 43

# What are the 3 that can be remedied

Answer 43

1. Defective process : how the lawsuit papers are written 2. Defective service of process: how the legal documents are deliverd 3. Failure to join a necessary party : Challeng if importany people essential to the case are missing .

Question 44

12 (g)

Answer 44

You must include all your objections in one motion. No piecemeal objections.

Question 45

# Objective of FRCP 12 🚨

Answer 45

❤️Provides tools to dismiss weak or improperly filed lawsuits. ❤️Certain objections must be rasied early to avoid being waived ❤️Helps ensure cases proceed correctly and fairly

Question 46

FRCP 19 Rule Statement

Answer 46

A person must be joined in a lawsuit if their absence would prevent the court from fully resolving the case or could harm their legal interests. If they are not joined, the court must order their inclusion. If adding them makes the venue improper, the court must dismiss them.

Question 47

Intervention 24 (a) | Intervention of right

Answer 47

Allows a non-party to intervene if 1. The motion is timely > Timeliness 2.Person has an interest relating to the property or transaction that is subject to the action > interest 3.Likley Impairment of that interst > impairment 4.Inadequate representation of their views or interst > lack of representation

Question 48

24(a)

Answer 48

provides that a non party has a right to intervene if she has an interst in the transaction and that interst may be impaired unless she is allowed to become a party. | intervenors of right

Question 49

24(b)

Answer 49

authorizes permissive intervention if the applicants claim or defense involves a question of law or fact that is also raised by the main action. | permissive intervener

Question 50

Rule 22

Answer 50

Interpleader: a proceeding that brings all claimants to particular fund or property before the court in a single suit to litigate ownership of that property in a single proceeding.

Question 51

19(b)

Answer 51

provides guidance to courts in deciding what to do if an absentee should be joined under 19(a) but cannot be made party due to jurisdiction or venue issues.

Question 52

28 U.S.C § 1335

Answer 52

Statutory interpleader - must have 500.00 - minimal diversity - authority to excercise jurisdiction over claimants found anywhere in the US.

Question 53

FRCP 22

Answer 53

Rule interpleader - must exceed 75k - complete diversity or federal question - claimants must be subject to personal jurisdiction

Question 54

# True or False The admissibility of expected exhibits disclosed under Rule 26(a)(3) must be objected by the opposing partry within 14 days

Answer 54

True - if any objection is not made within the 14 days the objection cannot be made at trial unless the party convicnes the court that there was good cause no to object at the time. Applies except to any objection of relevance under FRE 402- & 403

Question 55

Claw Back

Answer 55

Is a process that involves an agreement that parties make allowing the producing party to have prilveged information to be returned if it was inadvertanlty produced.

Question 56

# True or false Additional automatic disclosures must be made shortly before trial, unless the court orders otherwise atleast 30 days before trial parties must disclose the name of each witness it expects to call at trial

Answer 56

True

Question 57

# True or False There must be atleast 21 days before trial for parties to disclose and identify each document of other exhitbits

Answer 57

False- parties have 30 days before trial to identify each document or other exhibit that the party expects to offer at trial.

Question 58

Rule 26 (a)

Answer 58

Initial disclosures

Question 59

Three Required Disclosures under 26(a)

Answer 59

1. Initial Disclosures – Rule 26(a)(1) ✅ 2. Expert Disclosures – Rule 26(a)(2) ✅ 3. Pretrial Disclosures – Rule 26(a)(3)

Question 60

Rule 26(a)(1)

Answer 60

Initial Disclosures : Basic information about people, documents, damages, and insurance relevant to the case. Must be exchanged early in the case (usually within 14 days after the Rule 26(f) conference).

Question 61

Rule 26(a)(2)

Answer 61

Expert Disclosures: Information about any expert witnesses a party intends to use at trial. Includes detailed expert reports for retained experts.

Question 62

Rule 26 (a)(3)

Answer 62

Pretrial Disclosure: Information about trial evidence: witnesses, depositions, and exhibits a party expects to use at trial. Must be disclosed at least 30 days before trial.

Question 63

"What is the purpose of a Request for Admission under Rule 36?"

Answer 63

, "To get a party to admit or deny facts, the application of law to fact, or the genuineness of documents, helping narrow issues for trial."

Question 64

"Who can you serve a Rule 36 request on?",

Answer 64

"Only parties to the lawsuit."

Question 65

"What happens if a party fails to respond to a Request for Admission wit

Answer 65

The matter is deemed admitted."

Question 66

"What are the valid responses to a Request for Admission?",

Answer 66

"Admit, Deny, Object (with grounds), or State that the party cannot admit or deny after a reasonable inquiry."

Question 67

"Can you request the authenticity of documents under Rule 36?",

Answer 67

"Yes, you can request admission of the genuineness of documents."

Question 68

"What is the effect of an admission under Rule 36?", "

Answer 68

It is conclusive in the case unless withdrawn or amended by court order."

Question 69

"Can admissions under Rule 36 be used against the party in other cases?",

Answer 69

"No — admissions are binding only in the current case."

Question 70

"What must a denial under Rule 36 include?",

Answer 70

"A specific denial or explanation of why the party cannot truthfully admit or deny."