Basic Joinder Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is the symbol for a plaintiff?

A

π

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the symbol for a defendant?

A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a Cross-Claim?

A

Co-Parties suing each other (e.g. π –> π OR ▲ –> ▲)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a Counter-Claim?

A

Opposing Party suing back (e.g. ▲ –> π)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are Co-Parties?

A

π & π OR ▲ & ▲

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are Opposing Parties?

A

π & ▲

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When is a counterclaim compulsory?

A

FRCP 13(a)(1) In General. A pleading must state as a counterclaim any claim that–at the time of its service–the pleader has against an opposing party if the claim:

(A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and

(B) does not require adding another party over whom the court cannot acquire jurisdiction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What case explains what it means to arise out of the same transaction or occurrence for FRCP 13(a)(1)(A)?

A

“extent of factual overlap” - Nasalok Coating Corp v. Nylok Corp.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When is a counterclaim permissive?

A

FRCP 13(b) Permissive Counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What rule covers joinder of claims?

A

FRCP 18. Joinder of Claims

(a) IN GENERAL. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.

(b) JOINDER OF CONTINGENT CLAIMS. A party may join two claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties’ substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What rule covers Permissive Joinder of Parties?

A

FRCP 20. Permissive Joinder of Parties

(a) PERSONS WHO MAY JOIN OR BE JOINED

(1) Plaintiffs. Persons may join in one action as plaintiffs if:

(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all plaintiffs will arise in the action

(2) Defendants. Persons–as well as a vessel, cargo, or other property subject to admiralty process in rem–may be joined in one action as defendants if:

(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and

(B) any question of law or fact common to all defendants will arise in the action.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What case explains what it means for the right to relief to arise out of the same transaction, occurrence, or series of transactions or occurrences?

A

To determine whether or not the parties to be joined arise out of the same transaction, occurrence, or series of transactions or occurrences, look at whether or not the parties acted in concert – Liberty Media Holdings, LLC v. BitTorrent Swarm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly