Adaptibar and Essay Rules

Question 1

Joinder - necessary

Answer 1

A party is necessary (1) if the court cannot award complete relief without the party, (2) if the party’s interests may be harmed, (3) a resolution will subject a party to a risk of multiple obligations.

Question 2

Joinder - indespensible

Answer 2

consider
- availability of an alternate forum
- extent of likely harm
- whether the court can shape relief to avoid the harm

Question 3

Joinder and Supplemental Jurisdiction

Answer 3

Can only add absentee if PJ over absentee and there is SMJ over the claim or against the absentee

If solely based on diversity and absentee destroys diversity - not smj

Question 4

Transfer of venue

Answer 4

if proper, can transfer to another proper or to one where you consent

if improper, can only transfer to proper

Question 5

Rule 26f conference

Answer 5

At a Rule 26(f) conference, the parties must confer to consider their claims and defenses, the possibility of settlement, initial disclosures, and a discovery plan. The parties then must submit a proposed discovery plan to the court, and the plan must address the timing and form of required disclosures, the subjects on which discovery may be needed, the timing of and limitations on discovery, and relevant orders that may be required of the court.

Question 6

Granting a writ of mandaumus

Answer 6

Command a trial judge to act

1) an appeal would be insufficient to correct the problem
2) the trial court’s actions constitute a serious abuse of power in need of immediate rectification

Question 7

Notice for covenants

Answer 7

While it is generally true that the owner of the burdened land must have notice, it should be remembered that the requirement is a function of the recording statute. (At common law, the covenant was enforceable in an action for damages regardless of notice; this was changed by the recording statutes.) However, because the daughter is a donee (an heir) and not a bona fide purchaser, she is not protected by the recording statute and thus is subject to the covenant even without notice.

Question 8

Writ of ejectment question - jury trial

Answer 8

7th amendment provides that in suits at common law, right to trial by jury guaranteed.

Question 9

Fair housing act

Answer 9

prohibits advertisements that indicate any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin. This restriction applies even when the dwelling itself is otherwise exempt from the other provisions of the Act. Here, advertising for no children constitutes discrimination based on familial status, which is prohibited by the Act. Though this dwelling is a single-family home rented by an owner who owns no more than three single-family homes, this exemption does not apply to advertising. (A) is incorrect because, as discussed above, the landlord’s advertisement violated the Act. (C) is incorrect because the Act does not apply to single-family homes rented by an owner who owns no more than three single-family homes, which is the case here. As explained, though, this exemption does not apply to advertising. Thus, the Act does not prohibit the landlord from refusing to lease the unit even though it prohibits the advertisement. (D) is incorrect because, as explained above, only the landlord’s ad violated the Act.