Joinder

Question 1

Joinder of Claims Rule Number

Answer 1

18

Question 2

Joinder of Claims rule states

Answer 2

Party serving a claim can join as many claims as they have against an opposing party
- including counterclaims
- Don’t need to be related

Question 3

Which claims must be joined

Answer 3

Those that arise from the same facts

Question 4

Permissive Joinder of Parties Rule Number

Answer 4

20

Question 5

Permissive Joinder of Parties is always allowed when

Answer 5

the same set of facts is being litigated

Question 6

Permissive Joinder of Parties Test

Answer 6

• Claims against both parties must arise out of the same transaction or occurrence and
• Question of law or fact common to all Ds

Question 7

If a party is properly joined they can

Answer 7

bring any claim against an opposing party

Question 8

Must bring a counter claim when

Answer 8

it arises out of the same transaction or occurrence

• Are the issues of fact and law raised in the claim and counterclaim largely the same
• Will substantially the same evidence support or refute the claim as well as the counterclaim
• Is there any logical relationship between the claim and counterclaim

Question 9

Crossclaims must

Answer 9

arise from the same transaction or occurrence as the original action

• can bring a crossclaim, making parties adverse, then join all claims against that party

Question 10

Impleader allows

Answer 10

D to assert a claim against a new party to pass along some or all liability to the third party

Question 11

Impleader Rule number

Answer 11

14a

Question 12

Impleader rule states

Answer 12

• Can indemnify someone who is or may be liable for all or some of the claims against them
• Can’t use to say it was actually someone else who was directly liable when you could also be directly liable

Question 13

Required Parties Rule

Answer 13

19

Question 14

What parties are required

Answer 14

• Doesn’t deprive the court of subject matter jurisdiction
• Can’t get complete relief without the party
• The outcome would affect the party’s interest
• The party will be subject to more obligations

Question 15

Intervention as of right (rule 24)

Answer 15

• Statute confers the right to intervene
• When 3 conditions are met
  • The applicant claims an interest in the transaction that is at issue
  • Disposition as a practical matter will impede the applicant’s ability to protect that interest, and
  • The applicant’s interests aren’t adequately represented by a party that is in the lawsuit

Question 16

Permissive intervention

Answer 16

As long as there is a claim or defense that shares with the action a common question of law or fact they may be allowed to intervene

Question 17

Class Action Requirements

Answer 17

• Common interest among class members
• Large number of members
• Claims are the same
• The representative’s representation must be adequate
• There must be some formal steps (designating the class, notice to class members, etc.)

Question 18

People in the class are bound even if

Answer 18

they are absent from the litigation

Question 19

Certifying a class action prerequisites (rule 23)

Answer 19

• Class is so numerous that joinder of all members is impracticable
• There are question of law or fact common to the class
• The claims or defenses of the representative parties are typical of the claims or defenses of the class and
• The representative parties will fairly and adequately protect the interest of the class

Question 20

Definitions of Classes 23(b)(2)

Answer 20

The defendant has acted in a way that applies generally to the class and the final relief is appropriate as applied to the class as a whole

Question 21

Definitions of Classes 23(b)(3)

Answer 21

• The questions of law or fact common to the class members predominates over questions only affecting individual members
• And a class action is superior to other methods available for fairly adjudicating the controversy