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Multi Party/Claim
| Question | Answer |
|---|---|
| Rule 13(a) requires defendant to assert any opposing claim against plaintiff that ___ that is the subject matter of plaintiff's claim. This is known as a ___. If defendant fails to assert such a claim, he is ___ in a later lawsuit. | arises out of the transaction or occurrence compulsory counterclaim barred from raising the same claim |
| 82. Exceptions to the requirement of asserting the claims discussed in the preceding question include: | D WINS DISML of P's claims prior to filing answer cntrclaim hasnt ARISEN/MATURED counterclaim requires an addtl party for whom court LACKS PRSNL JURIS cntrclaim is the subj of ANOTHER PENDING ACTION not based on personal juris over D (IN REM) |
| 83. Permissive joinder allows any party to join ___ against ___. | unrelated claims existing parties |
| 84. In spite of the liberal rules for permissive joinder, all cross-claims and third party claims must be ___ to the plaintiff's claim. However, once a party has properly asserted a cross-claim or third party claim, that party may join an ___ claim. | related unrelated |
| 85. Compulsory parties are those who must be joined if possible. Rule 19 addresses this issue in two parts: | a. Rule 19(a) identifies REQUIRED PARTIES, who must be joined if feasible; b. Rule 19(b) addresses what must happen when JOINDER IS NOT FEASIBLE. |
| 86. Rule 20 governs permissive joinder of parties. It permits MULTIPLE PLAINTIFFS to join in one lawsuit if Rule 20 also permits ONE OR MORE PLAINTIFFS to JOIN MULTIPLE DEFENDANTS if they meet this test. | P asserts right to relief arising from the SAME TRANSACTION, OCCURENCE, or series of transactions or occurrences, AND any question of LAW OR FACT common to all these persons will arise in the same action |
| 87. Two other requirements for naming parties to a lawsuit are: | a. Real Party in Interest b. Capacity |
| 88. Procedural devices for adding multiple parties include: | a. Impleader, or Third Party Action b. Interpleader c. Intervention d. Class Action e. Shareholders' Derivative Suit |
Created by:
longhorn90
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