Busy. Please wait.
or

show password
Forgot Password?

Don't have an account?  Sign up 
or

Username is available taken
show password

why


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
We do not share your email address with others. It is only used to allow you to reset your password. For details read our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.

Remove Ads
Don't know
Know
remaining cards
Save
0:01
To flip the current card, click it or press the Spacebar key.  To move the current card to one of the three colored boxes, click on the box.  You may also press the UP ARROW key to move the card to the "Know" box, the DOWN ARROW key to move the card to the "Don't know" box, or the RIGHT ARROW key to move the card to the Remaining box.  You may also click on the card displayed in any of the three boxes to bring that card back to the center.

Pass complete!

"Know" box contains:
Time elapsed:
Retries:
restart all cards




share
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Multi Party/Claim

QuestionAnswer
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