Chapter 7: Joinder of Claims and Parties

Question 1

When Joinder is Not Feasible (“Parties are “Indispensable”)

Answer 1

FRCP 19(b)

Question 2

Rule 19(b) “If a person who is required to be joined” - You have already determined that the party is required, and you have made that assessment. There are two choices:
1.
2.

Answer 2

1. proceed among the existing parties or
2. should be dismissed

Question 3

Analysis Under Rule 19(b)
The court has already determined that a party or parties who are “__________” under Rule 19(a) cannot be joined due to the limitations of SMJ (adding them would destroy diversity) or venue, or due to a lack of PJ over the absent party.

Answer 3

necessary

Question 4

__________ helps determine whether the court should proceed with the suit in its piecemeal form or instead dismiss it in the expectation that there is another forum where joinder of necessary parties could be achieved.

Answer 4

Rule 19(b)

Question 5

The four factors listed in Rule 19(b) are not totally exclusive of the factors in Rule 19(a), and there is some overlap among them. True or False.

Answer 5

True

Question 6

____________ action is when you don’t know who has a right to a property.

Answer 6

Interpleader

Question 7

____________ ____________ meaning that you cannot sue me unless I give you permission.

Answer 7

sovereign immunity

Question 8

Under Rule 19(b) determine ________ first and then ____________.

Answer 8

necessary
indispensable

Question 9

Are they ___________? Are they _________? If they are _____________ the question is: can you proceed without them or must you dismiss it?

Answer 9

necessary
Indispensable
indispensable

Question 10

The potential consequence of failing to join a necessary and Indispensable Party is _________ of the _________. This is a harsh remedy, but only if there really is no adequate alternative remedy or forum.

Answer 10

dismissal of the suit

Question 11

Note that ______________ instruct the court to make its dismissal determination “in equity and good conscience.” Courts are not likely to favor dismissal when there is no alternate forum unless the interest being protected is particularly stoning.

Answer 11

Rule 19(b)

Question 12

What is intervention?

Answer 12

Injecting yourself into a case

Question 13

Of right

Answer 13

you have to let me in the case

Question 14

permissive

Answer 14

you can let me in the case

Question 15

you have to let me in the case

Answer 15

of right

Question 16

you can let me in the case

Answer 16

permissive

Question 17

FRCP 24(a) refers to what?

Answer 17

legal interest

Question 18

2 kinds of intervention
1.
2.

Answer 18

1. of right - the court MUST
2. permissive - the court MAY

Question 19

Rule 24(b). In general. On TIMELY motion. Timeliness is not fixed. Rather it is evaluated under ____ factors.

Answer 19

4 factors

Question 20

In general. On TIMELY motion. Timeliness is not fixed. Rather it is evaluated under 4 factors. What rule?

Answer 20

Rule 24(b)

Question 21

Timeliness is not fixed. Rather it is evaluated under four factors:
1. The length of time during which the would-be inventor actually knew or reasonably should have known of its

Answer 21

Factor 1 Rule 24(b)

Question 22

Timeliness is not fixed. Rather it is evaluated under four factors:
2. The extent of the prejudice that the existing party to the litigation may suffer as a result of the would-be intervenor’s failure to apply for intervention as soon as it actually knew or reasonably should have known of its interest in the action;

Answer 22

Factor 2 Rule 24(b)

Question 23

Timeliness is not fixed. Rather it is evaluated under four factors:
3. The extent of the prejudice that the would-be intervenor may suffer if its petition for leave to intervene is denied; and

Answer 23

Factor 3 Rule 24(b)

Question 24

Timeliness is not fixed. Rather it is evaluated under four factors:
4. The existence of unusual circumstances militating either for or against a determination that the application is timely.

Answer 24

Factor 4 Rule 24(b)

Question 25

DO NOT confuse interpleader with impleader!

Answer 25

okay

Question 26

What is interpleader?

Answer 26

When someone who holds property seeks court intervention to determine the rightful owner.Wh

Question 27

When someone who holds property seeks court intervention to determine the rightful owner.

Answer 27

Interpleader