Civ Pro II

Question 1

1) Lian 28’s Door. Complaint

Answer 1

“In fertile grounds they rose looking for short hedges. In plain view where a wood carved with the words ‘statement for relief’ appeared in front of us.
We took it as true and their claims seemed so plausible that we started to applaud.
However, we found the higher standard for fraud and mistake. It was specific and probable.
As an** alternative** we learned that we could fall back”

Question 2

2) Avenida el Morao. Answer

Answer 2

The Answer
1. You can admit it,
2. You can deny it,
3. You can sing “I don’t know” by Ozzy Osbourne, but remember this is your chance to raise the flag of affirmative defenses.
So, this is the moment to object lack of personal jurisdiction (PJx), wrong room (improper venue), the mailman did not come (Insufficient process) or the mailman did not come because the truck got damaged (insufficient service of process) (Rule 12b).
Just remember you have 21 pilots to fly back this thing and 14 co-pilots. It is a pre-answer phone message of Rule 12.
Pre-answer 12b is the king of e-motion where he has 3 jesters, motion definitive answer, jester dismiss and jester strike for scandalous, redundant, etc.

Question 3

3) El Limon: Counterclaims

Answer 3

Counterclaims

Sir, you can throw punches back in a counterclaim just to give you the opportunity to throw back a counter punch. However, you can do this in the answer. We will compulse you in the punch back (counterclaim) arises from the same spot and occurrence than the claim and you don’t need anybody else to another party appearance.

There is also the permissive counter punch push back later in the season.

Question 4

4. San Luis: Amendments

Answer 4

Amendments

You can re-paint the Amanda (amendment) once within 21 guns salute as of right if:

a) No responsive pleaded paint is needed.

b) If a responsive pleaded paint is needed or requested you should do it whithin the 21 guns shots.

c) The court should give free rides to repaint Amanda.

A responding party generally must respond to an amended pleading within the time that remains to respond to the original

pleading or 14 days after service of the repainted Amanda, whichever is later.

Question 5

5. Caurimare: Relate Back Doctrine

Answer 5

Relate Back

If Amanda is painted back for a new claim, show the backflip dates back to the original backflip.

In a new party, the point back dates back if the party organizer, a) does the same transaction, b) receives the invitation within 90 days, c) the new party knew or should have known that the party was back.

Question 6

7. Santa Sofia. Rule 11

Answer 6

All papers signed by attorney certifying:

1.	That all ladies calling don’t have an **improper purpose**
2.	What they speak is **contentious and warranted non-frivolous**
3.	What they say about the **facts** are not **contentious** because they like to fight and supported by evidence
4.	**Denials** based in **lack of info**

Serve Motion against offender and give the Bastard 21 days to withdraw or correct

Question 7

8. Universidad Monte Avila. Permissive Joinders

Answer 7

Permissive Joinder

Rule 20: a Dancer may join in one dance action as a Platano plaintiff if:

• (i) The Dance is claim arises out of the same Merengue** transaction or occurrence**, and
• (ii) Any question of Tornados and Steps law or fact are what the Platanos do in the Platanal common to all plaintiffs will arise in the action.

Note: The same circumstances apply to permissive joinder of defendants under Rule 20.1

Question 8

9. Santa Marta. Compulsory Joinder

Answer 8

Compulsory Joinder

• There are Dancers who must dance together be joined to the suit.
• I.e. joint ownership of something.
• If diversity dance, then their dancers cannot destroy the different dancers joinder cannot destroy diversity
• If they do destroy the Dance diversity, the court might either: say they are **indispensable **and throw out the case, or - proceed without them

Question 9

10. Ipostel. Impleader

Answer 9

**Impleader **

Rule 14: When a defendant invites drags a third party in the the dance

If im liable, then you’re liable to me! E.g. Indemnification and Right to contribution cases

Question 10

11. Av. Rio de Janeiro KYS FM. Interpleader.

Answer 10

**Interpleader **

Entren que caben 100, Interpleader allows a property holder to initiate a suit to compel multiple claimants to that property to litigate the dispute. Timbalero

• Interpleader is allowed under both fed. statute and Rule 22
• Property holder = stakeholder
• Other parties who want the property = claimants
• Stakeholder plaintiff may also make a claim to the stake
• Rule 22 interpleaderComplete diversity required—
• Statutory Interpleader: (1) $500 amount in controversy(2) Nationwide service(3) Allows for minimal diversity(4) Deposit money/property with the court

Question 11

12. Cubo Negro. Intervention

Answer 11

• Intervention as of right:
• (1) Interest in property/transaction
• (2) interest is impaired
• (3) NO court permission required
• Permissive Intervention:
• (1) Claim/defense has a common question of law or

fact

• (2) court permission IS required

Question 12

12. CCCT. 100 Mile Rule

Answer 12

100 Mile Rule

(1) added to the suit through impleader or required joinder

and

(2) served with process within 100 miles of the federal court where the suit is pending.