Civ pro

Question 1

Multiple Plaintiff sue a defendant how?

Answer 1

They may bring their seperate claims in a single lawsuit against if

(1) those claims arise out of the same occurrence AND
(2) the plaintiffs will face common questions of law or fact in the action.

Question 2

Compulsory Counterclaim

Answer 2

A compulsory counterclaim is a claim that arises out of the same transaction or occurrence that is the subject matter of the plaintiffs claim. If the defendant fails to file such a claim within their answer, they are barred from brining a future independent action on that claim.

Question 3

Doctrine of collateral estoppel

Answer 3

used by a plaintiff to preclude re-litigation of a factual issue that was determined by a previous court.

Must establish

(1) there was a final judgment on the merits
(2) it was the same issue,
(3) the issue was essential to the judgment AND
(4) is asserted against a actual party to the previous case