Civ Pro

Question 1

Unless a different time is set by court order or stipulation, within _____ days after the meeting the parties must provide names, addresses, the telephone number of individuals who have discoverable information that the disclosing party may use to support its claims or defenses (unless needed solely for impeachment)

Answer 1

14

Question 2

During discovery, electronically stored information doesn’t need to be produced if the responding party identifies it as

Answer 2

not reasonably accessible because of undue burden or cost

Question 3

Generally, the work product made by a party or representative of a party (like party’s attorney) is NOT discoverable if it is made _____ unless the party requesting discovery can show substantial need and undue hardship if disclosure is not ordered

Answer 3

in anticipation of litigation

Question 4

the opinion of an expert consulted in anticipation of litigation is discoverable IF a party ____

BUT if this expert is NOT expected to testify at trial (like a consulting witness) then it is discoverable ONLY upon a showing of exceptional circumstances under which it is impractible to obtain facts or opinions by other means

Answer 4

intends to call the expert as a TRIAL WITNESS

Question 5

Generally, a party may obtain discovery regarding any matter that is ______ and that is relevant to any party’s claim or defense, provided that the matter is not subject to a privilege or exception for trial preparation materials, also called work product

Answer 5

proportional to the needs of the case

Question 6

In a situation where desired information may be ascertained from the business records of the party on whom the interrogatory was served, and where the burden of finding the information is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to provide ___

Answer 6

the serving party with reasonable opportunity to examine the records

Question 7

PJ the big question is does the defendant have ________so that the exercise of personal jurisdiction is fair and reasonable?

Answer 7

sufficient contacts with the forum state

Question 8

two step analysis for PJ:

(1) Exercise of PJ must first fall within a ___
(2) the exercise of PJ must satisfy ______

Answer 8

(1) state statute
(2) the Constitution (DP)

Question 9

the PJ analysis is the same for state and ______

Answer 9

federal court

Question 10

Each state has a “long arm” statute granting PJ over _____ who perform or cause certain things within the state

Answer 10

nonresidents

Question 11

If you see a MEE question that gives you a statute, just apply it. BUT if you do not have a statute in the question, just note that ___

Answer 11

you need a state statute and you’re going to assume the statutory requirement has been satisfied

then move on to the constituonal analysis

Question 12

Constitutional analysis we ask - does the D have such _______ so jdx does not offend ___

3 factors:
FRC

Answer 12

minimum contacts with the forum

traditional notions of fair play and substantial justice?

(1) contact
(2) relatedness
(3) fairness

Question 13

PJ:

Contact means there must be relevant ____ b/w the defendant and the forum state

The two factors to be addressed here are

Answer 13

minimum contacts

(1) purposeful availment and
(2) foreseeability

Question 14

purposeful availment means the D must _____ and the contact must result from this targeting of the forum

Answer 14

reach out to the forum

Question 15

Can the D purposefully avail w/o setting foot in forum?

Answer 15

yes by causing an effect in the forum

Question 16

PJ:

Forseeability means after finding that the D arguably availed herself of the forum, we must ask - is it foreseeable that

Answer 16

D could be sued in that forum?

Question 17

Relatedness means that once we have concluded there is arguable a relevant contact, we move to relatedness.

We ask - does Plaintiff’s claim arise from or relate to D’s ____?

If yes, then the case involves_____. If no, the only way to proceed is if the court has “general PJ”

Answer 17

contacts with the forum?

Specific PJ

Question 18

If the “relatedness” test is satisfied, then the case will be assessed for ___ and we jump to step C and assess whether the exercise of jdx would be fair or reasonable

Answer 18

specific PJ

Question 19

if the “relatedness” test is NOT satisfied (meaning that P’s claim does NOT arise out of or relate to D’s contacts) then the only way to proceed is with ____

IF _____ exists, then D can be sued in the forum on a claim that arise anywhere in the world.

To have ____, the D must be _____ in the forum

Where is a human always _____? A human is _____ where she is domiciled.

Answer 19

general PJ

at home

Question 20

Venue is considered to be waived unless a timely obejction (in a _______) is made to the improper venue

Answer 20

pre-pleading motion or, when no such motion is made, in the answer

Question 21

Unlike jurisdiction over subject matter (cannot be waived), venue may

Answer 21

be waived by the parties

Question 22

For venue purposes, a business entity defendant is deemed to RESIDE in

Answer 22

ANY judicial districtt in which the D is subejct to the court’s PJ with respect to the ACTION IN QUESTION

Question 23

Can parties agree to which venue they want?

Answer 23

yes

Question 24

Can parties agree to what SMJ they want?

Answer 24

NO

Question 25

SMJ cannot be conferred by

Answer 25

agreement

Question 26

SMJ is the power of the court to adjudicate the matter before it, whereas venue relates to the

Answer 26

proper geographic district to which to bring the action

Question 27

When a transfer is based on the ground that the venue was IMPROPER – the LAW that applies in the transferee court is the law of

Answer 27

the transferee court

Question 28

A transfer on convenience grounds means that the law of the ______ court will continue to apply

Answer 28

transferor

Question 29

to be “at home” in a state, a defendant corporation must be ______ in the state or have its _____

Answer 29

incorporated

PBP

Question 30

For specific jurisdiction, it must be determined whether the state has a ____authorizing jdx and whether the statute is _____

Answer 30

long arm statute

constitutional

Question 31

PUrsuant to Rule 12(b), improper venue must be raised in a defendant’s FIRST RESPONSE - either in its timely MTD before the _____, OR in the ____, whatever is first

Answer 31

answer

no strict time limit

Question 32

Trick #1: The plaintiff can’t fucking remove the case.

Answer 32

The defendant removes. NOT the plaintiff.

Question 33

Trick #2: The defendant can’t fucking remove to their own home state in a diversity action.

Answer 33

They just can’t.

Question 34

But here’s the actual trick… in a _____… the defendant CAN remove to the same state they are from.

Answer 34

Federal Question action

Question 35

FEDERAL QUESTION CASE = DEFENDANT CAN REMOVE TO THE SAME STATE THEY’RE FROM

DIVERSITY CASE = DEFENDANT ___ REMOVE TO THE SAME STATE THEY’RE FROM

Answer 35

cannot

Question 36

Defendant has 30 days to remove or 30 days from WHEN

Answer 36

THAT SHIT BECOMES REMOVABLE

Question 37

Trick #3: Cases Have to “___” Under Federal Law to Get That Federal Question Status

Answer 37

arise

Question 38

____ service means you are not making the other side formally serve your dumbass a complaint and summons to court.

Answer 38

waiving

Question 39

why would you want to waive service?

Answer 39

Normally you get 21 days to respond to a complaint with an answer, but if you waive service you get 60 days!

If you are a foreign defendant you get 90 days to respond to the answer instead of 21.

Question 40

But here’s the actual trick they like: Let’s say you request someone waives service, and they don’t respond. You still have to

Answer 40

fucking serve them.

Question 41

Trick #5: _____: The Buzz-Word That Changed the World

Anytime the judge has a CHOICE on what to do… and makes a little judgment call based on his understanding of the law and facts… it will be reviewed by the appellate courts using the _____ standard

Answer 41

ABUSE OF DISCRETION

Question 42

Anyway… how will we know the question is “hinting” at abuse of discretion?

Answer 42

PERMITTED

“the judge/corut PERMITED”

Question 43

Trick #6: Default Judgment: What happens when someone doesn’t show up. I’m keeping this simple.

The main fucking thing we need to know is who can actually enter the default judgment if no one shows up: we have two options

1. ____
   2._______

Answer 43

1. Daddy Judge
2. Baby boy Clerk

Question 44

Scenario #1: Nobody shows up and doesn’t file a single goddamn thing. ____ enters judgment.

If they never show up, ___ required.

Answer 44

baby clerk
no notice

Question 45

Scenario #2: Somebody shows up once then stops showing up: _____ must enter the default after a hearing.

Answer 45

daddy judge

Question 46

IF DEFENDANT NEVER SHOWS UP + SUM CERTAIN = ___ ENTERS DEFAULT JUDGMENT

Answer 46

clerk

Question 47

IF THEY SHOW UP ONCE = OTHER PARTY MUST SERVE THEM ______ OF DEFAULT HEARING AT LEAST ___ DAYS BEFORE THE HEARING!!

Answer 47

notice
7

Question 48

TRIED TO THE COURT = ____ = ONLY JUDGE AND NO JURY

Answer 48

bench trial

Question 49

The trick on the MBE is that the judge will get a little cocky. At the end of the trial he will just say some brief shit like “Judgment is entered for Goat. See y’all later.”

is thsi allowed?

Answer 49

NO because he needs to talk about the FINDINGS of fact and state the CONCLUSIONS of law separately

Question 50

You can voluntarily dismiss a case ONCE

But then a SECOND voluntary dismissal operates as an ______ = your shitty pro se lawsuit is. now dismissed _______

Answer 50

adjudication on the mereits

Question 51

a motion for relief must be brought up within ____

Answer 51

one year

Question 52

examples of thing that warrant a motion for relief:

Answer 52

1. mistake
2. fraud
3. newly discovered evidence

Question 53

if the judgement is _____ then your motion for relief can be brought up within a _____

Answer 53

VOID
reasonable amonunt of time

Question 54

if the judgement is _____ (like its been fully paid) then your motion for relief can be granted within ____

Answer 54

discharged
reasonable amount of time

Question 55

LIP OF THE PEN: ANYTIME

This one is easy. If the court enters in a judgment for $1,000,000 instead of $10,000, you can get relief in this scenario _____(no time limit).

Be on the look-out for them saying “15 months” or “18 months” instead of one year … these little fuckers are sneaky.

Answer 55

any time

Question 56

If the judge lets in bad evidence and you lose, the best way to attack the verdict is a ___

Answer 56

motion for a new trial.

Question 57

You can get a motion for new trial if:

1. the jury does some crazy shit (like conducts their own experiments or goes on google or talks to a prosecutor)
2. _____
3. or the jury gives way too high of a verdict, then the judge can offer remittitur and have a new trial if they don’t accept the Judge’s reduced offer

Answer 57

the judge fucks up (like lets in some bad evidence)

Question 58

Trick #12: How do you win a renewed motion for judgment as a matter of law?

You have to have show:

RuneScape = RJMOL Scintilla

Answer 58

you have to show that there is more than a MERE SCINTILLA of evidence

OR

it will say that there is SUBSTANTIAL evidence in the reocrd to suppoert a verdict

Question 59

what the answer choice will say when asking about RJMOL.

Answer 59

S.S. = Sunny Skies. Substantial or Scintilla is what the answer choice will say when asking about RJMOL.

Question 60

How about this… any time the Civ Pro question says “personal jurisdiction” in it… the right answer choice always says _____

Answer 60

“Minimum Contacts.”

Question 61

Back to our regularly scheduled tricks, sorry about that. Trick #13: What is the standard for JMOL?

LARGE SNAKES EAT BIRDS =

Answer 61

They can only grant JMOL if the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for that party.

Legally Sufficient Evidentiary Basis

Question 62

Bonus Easter Egg Trick: The citizenship of an LLC is the citizenship of the states of_____ I talked about this shit on Reddit but if an LLC has three members from states A, B, and C… that LLC is a citizenship of states A, B, and C. Easy money. Remember it.

Answer 62

its members

Question 63

Trick #14: You cannot extend an RJMOL motion. You get ___ days and that is fucking it.

Answer 63

28

Question 64

At a trial for a motorcycle accident injury Goat will have 3 witnesses saying Rainbow Brown was going 450mph and smashed into Goat with his brand new Ducati Motorcycle.

Rainbow Brown will have ONE and ONLY one witness… who was 100 feet away.

He was a little drunk and “looked away” at the time of the crash but heard a loud noise.

grant JMOL?

Answer 64

YES JMOL GRANTED

THEY WILL HAVE A PROBLEM WHERE THE TESTIMONY IS NOT EVEN IN ACTUAL CONFLICT!!!! JMOL GRANTED!!!

Question 65

The standard for Summary Judgment is whether or not there is a

GDMF = God Damn Mother Fucker.

Answer 65

GENUINE DISPUTE OF MATERIAL FACT.

Question 66

A judgment on the pleadings is when a judge rules on the case by only looking at the ___ and ANSWER.

Answer 66

complaint

Question 67

You gotta file the ___ to that counterclaim before you can file a judgment on the pleading(s).

Answer 67

answer

Question 68

Trick #19: Didn’t object? ____ is your ONLY recourse.

Answer 68

Plain error

Question 69

When you do not object in the trial you WAIVE the issue for appeal unless you beg to them on your hands and knees and say “THIS WAS PLAIN ERROR THAT AFFECTED MY____

Answer 69

substantial rights

Question 70

So the rule for objection on jury instructions is that you must object at the ____the court informs you they will not give your jury instruction.

Answer 70

first time

Question 71

Trick #20: Can you have fewer than 6 jurors? Yes, if ____

Answer 71

everyone agrees to it

Question 72

In criminal trials: There must be at least 6 jurors and they must be ____ NO EXCEPTIONS. Crime is serious.

Answer 72

UNANIMOUS.

Question 73

Trick #21: You are not guaranteed the right to a jury trial in “____” actions.

Answer 73

equitable

Question 74

The seventh amendment only gives you a right to a jury trial for _____ legal claims, not stopping bulldozers and shit.

Answer 74

CASH MONEY

Question 75

THE REAL DEADLINE TO FILE A JURY DEMAND IS 14 DAYS AFTER THE DEFENDANT FILES THE ANSWER

IF THE DEFENDANT NEVER FILES THE ANSWER… then the clock

Answer 75

never starts ticking!!!!

Question 76

Trick #23: Get to the bag first. If you have equitable and legal claims, you must try the l_____ then the judge will deal with your equitable claims.

Answer 76

legal claims first

Question 77

If the court issues a final Pre-Trial Order = It can only be modified to _____. The court doesn’t like to change these orders late in the game, so it can only be modified for serious reasons - just remember the key words PREVENT MANIFEST INJUSTICE.

Answer 77

PTO - PMI

Prevent Manifest Injustice

Question 78

Discovery can’t start until a Rule 26(f) discovery conference.

There will usually be a question about a party trying to serve another party INTERROGATORIES before the Rule 26(f) conference starts.

This… my friends… is sadly ___

Answer 78

1. RUle 26 Converence
2. Discovery

not allowed

Question 79

The scheduling order for discovery can only be modified for ____ You need to show you acted diligently to meet the deadline. You can’t just say “oh sorry I was busy or on vacation so I couldn’t depose anyone… my bad lol”

Answer 79

good cause

Question 80

you can’t move for SJ until there has been _____

Answer 80

discovery

Question 81

My point is this: You can’t rely solely on your pleadings to beat a motion for summary judgment. Your stupid ass pleadings are not “facts” needed to establish a genuine dispute of material fact.

Answer 81

YOU MUST POINT TO SPECIFIC EVIDENCE IN THE RECORD DEMONSTRATING A FACTUAL DISPUTE

COLD HARD EVIDENCE

DEPOSITIONS

AFFIDAVITS BASED ON PERSONAL KNOWLEDGE (HAS TO BE AN AFFIDAVIT OF SOME SHIT YOU KNOW YOURSELF, NOT SOME SHIT YOU LEARNED FROM SOMEONE ELSE)

ADMISSIONS

INTERROGATORIES

Question 82

With impleader the defendant is saying “wait a second, this motherfucker is actually liable to me if I lose this lawsuit against Mr. Plaintiff, they owe me part of the money the plaintiff gets from me (_____) or the full amount (____)… so I’m going to bring them into the lawsuit”

Answer 82

contribution
indemnification

Question 83

Crossclaim is when you sue a motherfucker on the ___of the lawsuit as you that is already in the lawsuit.

Answer 83

same side

Question 84

I talked about this on Reddit but there is only one trick they use for both impleader and crossclaim: you can’t implead or cross-claim someone saying they are solely liable to the plaintiff

Simple as that.

No finger pointin

Answer 84

No finger pointing

Question 85

Okay what is this permissive intervention shit all about?

When a non-party’s claim shares a COMMON question of LAW OR FACT with an existing claim, the nonparty can intervene.

We need a mnemonic:

Intelligent Cats Love Fish

Answer 85

Intervention - Common - Law - Fact

INTERVENTION QUESTION = ANSWER CHOICE SAYS COMMON LAW OR FACT IN IT

Question 86

BEFORE YOU MOVE FOR SANCTIONS WITH DADDY JUDGE

YOU HAVE TO SERVE A _____ ON THE OPPOSING PARTY!!! AND GIVE THEM 21 DAYS TO CORRECT THEIR WILDLY FUCKED UP PLEADING!

IF THEY WITHDRAW OR CORRECT WITHIN 21 DAYS = NO SANCTIONS!

Answer 86

MOTION FOR SANCTIONS

Question 87

Side-Trick: If a lawyer for a party makes a FRIVOLOUS legal argument… they can’t impose sanctions on the ___themselves. It wasn’t their fault.

Answer 87

client

Question 88

If the client gives you some fake ass documents but they look real and the attorney investigates them, the attorney cannot be sanctioned.

Rule 11 says that attorneys can rely on evidence or documents given by their clients unless facts suggest to them it would be unreasonable for them to do so.

So the correct answer will say this:

Answer 88

“It was likely sufficient to satisfy an objective reasonable attorney.”

Question 89

IF IT IS A FORUM NON CONVENIENS PROBLEM OR A TRANSFER PROBLEM… THE ANSWER CHOICE WILL ALWAYS SAY

Answer 89

BECAUSE THE WITNESSES ARE LOCATED THERE

Question 90

Anyway… forum selection clauses are ___. Some questions ask about this.

Answer 90

allowed

Question 91

a pleading must have statement that contains

Answer 91

plausable entitlement for relief

Bonus Trick: If it is fraud, mistake, or special damages you need to be WAY more specific with this shit. You must show facts supporting EACH ELEMENT OF THE CLAIM!

Question 92

Bonus Trick Two: A jury demand is often included in a complaint. Sometimes they will have questions which ask you the best way to “secure your right” to a jury demand… just pick the answer choice which says __

Answer 92

“File and serve a complaint which includes a jury demand.”

Question 93

Amendment as of right:

You can amend once as of right within ____.

Amendment with permission after ___ days:

On day 22 you can amend with consent of the court or the other party.

Answer 93

21
21

Question 94

If you are past the STATUTE OF LIMITATIONS… you can amend if it’s related to the same ____

YOU CAN AMEND AND ADD A NEW CLAIM AFTER THE STATUTE OF LIMITATIONS SO LONG AS IT IS PART OF THE SAME ___

Answer 94

FACTS

So if I file against you on December 31st for you scamming me on some Pokemon cards… and the Statute of Limitations is January 1st… I can amend my complaint on January 15th to add a claim about breach of contract relating to you breaching our Pokemon card deal

SAME TRANSACTION AND OCCURRENCE

Question 95

amendments adding a new party

you need two things:
1. mistake of identity
2. other party actually ____ within the _____ period

Answer 95

gets served
SOL

Question 96

What’s the trick on the MBE? It won’t be a true mistake of identity, therefore it will be a ___-

Answer 96

FUTILE AMENDMENT

Remember, the other side actually has to RECEIVE the lawsuit within the statute of limitations period.

Question 97

When there is a “valid and on point” FRCP rule which comes into contact with a state procedural rule, the FRCP rule ___every fucking time.

Answer 97

wins

Question 98

Sometimes in these diversity cases a state procedural rule comes in substantively and it goes to war against the FRCP rule.

Answer 98

The FRCP runs this shit my brothers and sisters in Chris

Question 99

TRO’s are just orders for a limited time period that tells someone to stop doing shit to maintain the status quo

You need to give the other side ____ unless you write a little affidavit showing _____ injury would occur and you have to certify in writing efforts to give notice to the other party and why it should not be required

Answer 99

notice
immediate and irreparable

Question 100

in a TRO, do you need notice if you submit an affidavit saying that immediate nad irreparable injury will occur?

Answer 100

NO

Question 101

A TRO expires in ___ days or unless you show good fucking cause to extend this shit ONLY ONCE up to 28 days

Answer 101

14

Question 102

MBE Super Trick: The moment you extend the TRO past 28 days, it is treated as a ____ and becomes ___.

Answer 102

preliminary injunction
immediately appealable

Question 103

MBE Trick: “____” to extend a TRO is not a witness being unavailable for the TRO hearing because they are on vacation.

Answer 103

Good cause

Question 104

TRO MUST:

1. State reasons why it was issued
   2.State its terms ____
2. And describe in reasonable detail the acts restrained

Answer 104

specifically

Question 105

So when a judgment is decided “on the merits” = meaning you either lost, you settled, or failed to show up… can you refile in state court?

The question will ask: Should the state court look to federal or state law to decide the claim preclusive effect of the judgment?

Answer 105

The answer is just whatever the fuck the Federal court says.
\
Look to court 1 to decide what happens with court 2.

FEDERAL LAW

Question 106

How do we serve individuals?

Salmon Are Incredibly Delicious

Answer 106

1. however the State law allows
2. serve to someone’s AGENT
3. serve to the actual INDIVIDUAL themselves
4. serve to the individual’s DWELLING by leaving complaint with someone of suitable age and discretion

Question 107

You can’t appeal until the court enters a final judgment on the entire case. Simple. Easy.

BUT

sometimes you CAN APPEAL when there is not a final judgement, like if there is. MORE THAN ONE CLAIM

you can appeal a PARTIAL JUDGEMENT on just one claim IF

Answer 107

daddy judge says there is NO REASON FOR THE DELAY

Question 108

BUT, the court will only allowed a “piecemeal” appeal before the final judgement if the claim is ____ and _____

Answer 108

distinct and separate

Question 109

to be overturned, findings of fact by a judge or jury must be _______ (standard)

Answer 109

clearly erroneous

Question 110

Step 1: we need a motherfucker in the lawsuit to get everyone money or because his interests will be fucked up = he is ___

Step 2: The motherfucker is from a weird state and ruins diversity

Step 3: The court has to determine whether the motherfucker is SO necessary he is in fact… INDISPENSABLE… AND WHETHER OR NOT IN ____THEY MUST DISMISS THIS ACTION WITHOUT HIM

Answer 110

necessary

EQUITY AND GOOD CONSCIENCE

Question 111

discovery needs to be proportionate and _____

Answer 111

relevant

Question 112

for initial disclosures you have to disclose potential ____ witnesses

Answer 112

supporting
(not witnesses you don’t support lol)

Question 113

There was a question on July 2022 about interrogatories too. Remember, we are allowed ___ ROGS including sub-parts (so a sub-part counts as a question too… these fucks are sneaky)

Each interrogatory and admissions answer is signed and you have a duty to investigate your answers you little shit (we all remember the MEE with drunken lawyer God who didn’t investigate anything and answered “no” to everything lmao)

Answer 113

25

Question 114

There was a question about this on F23. You must disclose expert testimony at least ____days before the date set for trial.

If the evidence is intended SOLELY to contradict or rebut evidence from the other side, you only need ___ days.

Yes, they actually fucking tested on this. I think they tested the “solely to contradict” exception too. Fucking brutal.

Answer 114

90
30

Question 115

Final Tricks: If you want work-product you need a showing of ___

Answer 115

undue hardship

Question 116

The only class action you are required to give notice through reasonable means for is one where all the class members share a common ___

Answer 116

question of law or fact

Question 117

the seventh amendment preserves the right to a jury trial in actions in which legal, not ______ relief is sought

LOOK FOR ___

Answer 117

equitable

injunction

Question 118

the right to a jury trial depends on w hether the stautory claim is analygous to one tried to a jury at common law and whether the relief sought is ____ not equitable

Answer 118

legal

Question 119

a motion for a new trial is granted because of an error during trial, because the verdict is against the weight of the evidence, because of juror _____ or because the verdict is ____ or ____

Answer 119

misconduct
excessive or inadequate

Question 120

what are the 4 12(b) motions that you MUST use in your first reponsive filing after you get hit with that complaint otherwise you lose them??

Answer 120

1. no PJ
2. wrong venue
3. insufficient process
4. isufficient service of process

Question 121

WHAT IS NEVER EVER WAIVED

Answer 121

SMJ

Question 122

Category 3: Can be brought ANYTIME before the trial ends (CANNOT BE RAISED AFTER TRIAL YA GOOF – THEY WILL BE WAIVED AFTER TRIAL IS OVER)

Answer 122

failure to state a claim aka a Rule 12(b)(6) motion

Question 123

Goat what if I want to file a “failure to state a claim” 12(b)(6) motion to dismiss after I file my answer?

you can do that. It will just be called a “judgement on ____”

Answer 123

the pleadings

Question 124

FINAL REMINDER: The failure to state a claim 12(b)(6) is brought ____ an answer, and the judgment on the pleadings is brought after all the answers are filed. They both are just saying “hey your honor… we can’t go to trial, look at all these pleadings and you can see the other side is bullshitting us.”

Answer 124

before

Question 125

a party is considered “necessary” under three simple conditions:

1. not joining them will hurt the absensee party’s interest
2. not joining them will hurt the interest of the parties oto the action so they win’t be able to get all their money
3. not joinging the will cause ___

if the answer is YES to any of these, then the court MUST join them if feasible

Answer 125

more lawsuits down the road

Question 126

if a party is indispensible and he CANNOT MAKE IT to the lawsuit, the court may dismiss the case OR keep going if it is in “equity and ____”

Answer 126

good conscience