Civ Pro II

Question 1

Methods of Joining a Party to a Lawsuit

Answer 1

Impleader, Interpleader, Intervention

Question 2

Impleader

Answer 2

A claim involving a third party defendant for indemnity or contribution. Defendant party brings third party defendant into case because they may be liable to the defendant for the plaintiff’s claim against the defendant. Must do so within 14 days after serving answer.

Question 3

Interpleader

Answer 3

When stakeholder forces all potential claimants into a single lawsuit to avoid multiple inconsistent litigations. Stakeholder must be diverse from one claimant and the amount in controversy must be $500 or more. Venue can be in any district where a claimant resides.

Question 4

Intervention

Answer 4

When an absentee wants to join a pending suit. Application to intervene must be timely. Intervention as a matter of right is allowed when absentees interest may be harmed if they are not joined and their interest is currently not adequately represented.

Question 5

Necessary Parties

Answer 5

An absentee is necessary if complete relief cannot be given to the existing parties in their absence, judgment in their absence may harm their interest, or their absence would expose existing parties to a substantial risk to multiple obligations. Absent parties should be joined if feasible (joinder is feasible if the court has TJ and SMJ). If not feasible, the court has discretion to dismiss the case or continue without the absentee.

Question 6

Class Action Prerequisites

Answer 6

Numerosity, Commonality, Typicality, Adequate Representation

Question 7

Numerosity

Answer 7

So numerous that it is impractical for traditional joinder.

Question 8

Commonality

Answer 8

Questions of law or fact are common to the class.

Question 9

Typicality

Answer 9

The representative’s claims are typical of the class members’ claims.

Question 10

Adequate Representation

Answer 10

The representative will adequately and fairly represent the class.

Question 11

Pleadings

Answer 11

The documents that set forth the claims and defenses to a case. The goal is to plead facts that support the cause of action and place the other party on notice of the nature and scope of the claims. Must make a plausible claim. For issues of fraud or special damages, you must plead with particularity.

Question 12

Amended Pleadings

Answer 12

Each party has a right to amend as a matter of course within 21 days of serving complaint/answer. After this, leave of court is required.

Question 13

Cross-claim

Answer 13

An offensive claim against a co-party. Never compulsory and must arise out of the same transaction or occurrence.

Question 14

Counterclaim

Answer 14

Offensive claim against an opposing party. Compulsory if arises out of same transaction or occurrence. Permissive if it does not arise out of the same transaction or occurrence.

Question 15

Discovery Tools

Answer 15

Depositions, interrogatories, request to produce, request for admissions, mental/physical exam